Wednesday, December 3, 2008
The General Assembly is not in session.

Tracking Virginia’s General Assembly
since 2007.

Search 2008 Bills:

HB2685: Product liability cases; accrual of right of action.

HOUSE BILL NO. 2685
Offered January 10, 2007
Prefiled January 10, 2007
A BILL to amend and reenact § 8.01-230 of the Code of Virginia, relating to the accrual of a cause of action in a product liability matter.
----------
Patron-- Frederick (By Request)
----------
Committee Referral Pending
----------

Be it enacted by the General Assembly of Virginia:

1.  That § 8.01-230 of the Code of Virginia is amended and reenacted as follows:

§ 8.01-230. Accrual of right of action.

A. In every action for which a limitation period is prescribed, the right of action shall be deemed to accrue and the prescribed limitation period shall begin to run from the date the injury is sustained in the case of injury to the person or damage to property, when the breach of contract occurs in actions ex contractu and not when the resulting damage is discovered, except where the relief sought is solely equitable or where otherwise provided under § 8.01-233, subsection C of § 8.01-245, §§ 8.01-249, 8.01-250 or other statute.

B. In any action brought based on product liability or product defect, the right of action shall be deemed to accrue and the prescribed limitation period shall begin to run from the latter of either (i) the date of the injury or (ii) the date the company or manufacturer of the product publicizes that a defect in such product exists.

Additional Data

Explanation

This is the actual text of the bill — the legislation itself. Generally this is amending existing law, proposing the addition or removal of words from laws that are already on the books.

Words that are highlighted in yellow are proposed additions, and words that are crossed out in red are proposed removals.

The numbers with the § symbol before them are references to existing laws, and if you click on them they’ll take you to that part of the law on the state's website.