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United States · Florida limitation periods

Which Florida products-liability repose branch applies to this product?

Section 95.031(2)(b) ordinarily addresses products with expected useful life of ten years or less through a twelve-year delivery-based repose. Specified transport products, real-property improvements and express useful-life warranties receive different treatment. Timely exposure with delayed manifestation and specific concealment also matter. This guide selects no isolated repose date.

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Read why no date is calculated
Period
Ordinary twelve-year delivery branch, with specified twenty-year, warranty and statutory exception comparisons
Trigger
Qualifying first delivery, statutory product class, express warranted useful life, actual exposure or use, and manifestation history
Rule
2026 Florida Statutes section 95.031(2)(b)
Florida limitation, repose, accrual and tolling statutes

2026 Florida Statutes and reviewed 2023 transition laws, with current civil and general practice compilations

Source guide · No automated date

Establish the complete Florida limitation or repose procedure

The current twelve-year preset cannot determine the product class, qualifying recipient, express warranty or statutory exception. These facts can select a different boundary. No computed or paid repose date is released.

2026 Florida Statutes section 95.031(2)(b)

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Which actual event starts this Florida limitation or repose period?

Identify the product class and any express representation or labeling about expected useful life.

Preserve delivery to the qualifying first purchaser or lessee, with the paragraph’s distinct lessor wording in the transport branch.

Compare actual exposure or use, injury manifestation and specific manufacturer concealment before relying on the outer boundary.

2026 Florida Statutes section 95.031(2)(b)

How does Florida treat this limitation or repose?

  1. Identify the product class and any express representation or labeling about expected useful life.
  2. Establish each statutory clock, actual event, discovery and applicable exceptions. Compare the competing endpoints. This guide computes no date.
  3. Preserve each trigger, legally available tolling interval, applicable clerk calendar and actual filing receipt.
  4. Complete the required act with the proper court or recipient.

A period stated in years requires its corresponding calendar endpoint under the governing authority. A repose boundary can differ from a discovery-based limitation. Establish the applicable final-day rule, actual clerk calendar and any permitted tolling or extension. Rule 2.514 does not itself prove that a statutory repose has been extended. These conditional guides issue no calendar date.

2026 Florida Statutes section 95.031

Why does this procedure need a separate comparison?

The current twelve-year preset cannot determine the product class, qualifying recipient, express warranty or statutory exception. These facts can select a different boundary. No computed or paid repose date is released.

Which Florida limitation or repose qualifications change the procedure?

The ordinary branch uses a qualifying first recipient
The ordinary twelve-year branch uses delivery to the first purchaser or lessee who is not engaged in selling, leasing or using the product as a component in manufacturing another product. Products outside the listed exceptions are conclusively presumed to have expected useful life of ten years or less. A reseller delivery is not automatically the qualifying event.
Express useful-life warranties can select a later endpoint
For an otherwise ordinary product expressly represented or labeled by the manufacturer as useful for more than ten years, compare the warranted useful life with twelve years from qualifying first delivery. The later boundary governs that stated branch. A service contract or assumed lifespan is not automatically that express representation.
Listed transport products have their own twenty-year branch
Commercial or contract aircraft, vessels over one hundred gross tons and the stated commercial or contract railroad equipment receive the separate twenty-year first purchaser or lessor branch. An express useful-life warranty exceeding twenty years selects its warranted period. Elevators, escalators and real-property improvements are excluded from this transport paragraph. Preserve each exact class.
Delayed manifestation and actual concealment change the comparison
Paragraph (c) addresses exposure or use within repose with later resulting injury manifestation. Paragraph (d) tolls for the specified actual defect knowledge and affirmative concealment through manufacturer decision-makers. Specific allegations require substantial factual and legal support. Trade-secret confidentiality does not establish concealment.
Tolling requires an actual statutory ground
Section 95.051 limits limitation tolling to its stated grounds and referenced laws. Absence, false name and concealment do not toll when sufficient jurisdictional service remains available. Incapacity and minority carry specific conditions and outer limits. Negotiation or a demand letter alone does not establish tolling. Repose requires its own governing treatment.
An out-of-state cause can already be barred
Section 95.10 prevents maintaining an action in Florida when the cause arose elsewhere and that jurisdiction bars it through lapse of time. Establish where the actual cause arose and its governing law. A Florida period does not automatically revive the foreign-barred cause.
2026 Florida Statutes section 95.031(2)(b)
  • This guide does not decide legal accrual, due diligence, a statutory exception, an expired claim, valid filing or successful enforcement.
  • Check the governing historical edition, actual motions, orders, clerk holidays and filing receipts.

What must be filed, served and preserved?

Questions about this Florida limitation or repose act

Which Florida products-liability repose branch applies to this product?

Are elevators automatically ordinary twelve-year products?

The paragraph expressly lists elevators, escalators and real-property improvements outside its ordinary repose provision. They also fall outside its transport twenty-year paragraph.

2026 Florida Statutes section 95.031(2)(b)1.,3.

Does an express warranty over ten years always replace twelve years with a shorter period?

The ordinary extended-warranty branch selects the later of warranted useful life and twelve years from qualifying delivery.

2026 Florida Statutes section 95.031(2)(b)2.

Can exposure within repose matter when injury appears later?

Paragraph (c) supplies that stated exception. Establish timely exposure or use and the resulting later manifestation.

2026 Florida Statutes section 95.031(2)(c)

Official Florida limitation or repose sources and review

Provisions used (14)
Provisions used in this guide
ProvisionPurpose
2026 Florida Statutes section 95.031(2)(b)The responsible actor, actual event and stated procedural period
2026 Florida Statutes section 95.031(2)(b)The ordinary branch uses a qualifying first recipient
2026 Florida Statutes section 95.031(2)(b)2.Express useful-life warranties can select a later endpoint
2026 Florida Statutes section 95.031(2)(b)1.,3.Listed transport products have their own twenty-year branch
2026 Florida Statutes section 95.031(2)(c),(d)Delayed manifestation and actual concealment change the comparison
2026 Florida Statutes section 95.051(1),(2)Tolling requires an actual statutory ground
2026 Florida Statutes section 95.10An out-of-state cause can already be barred
2026 Florida Statutes section 95.11Applicable computation, filing, service and proof
2026 Florida Statutes section 95.031(1)Applicable computation, filing, service and proof
2026 Florida Statutes section 95.051(1),(2)Applicable computation, filing, service and proof
2026 Florida Statutes section 95.10Applicable computation, filing, service and proof
Florida Rule of Civil Procedure 1.050Applicable computation, filing, service and proof
Florida Rule of General Practice and Judicial Administration 2.525(b),(e)Applicable computation, filing, service and proof
2026 Florida Statutes section 110.117(1)Observed statutory holidays and weekend substitutions
Read the current Florida limitation statute

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