Which statement is true regarding personal injury limitations and suits against architects or engineers?

Which statement is true regarding personal injury limitations and suits against architects or engineers?

• A. Personal injuries begin tolling at the date of injury; no exceptions.
• B. If a personal injury action against an architect or engineer is brought more than ten years after building completion, the plaintiff must serve notice of claim 90 days before suit.
• C. The statute of limitations for personal injury is always five years.
• D. Discovery rule applies identical to toxic substance exposure.

Answer: (B)

In many jurisdictions, suits against architects or engineers involving personal injury are governed by a ten-year limit from building completion, known as a statute of repose, and if a claim is brought after that window, there is a mandatory pre-suit step: the plaintiff must serve a notice of claim at least 90 days before filing suit. This rule exists to alert the designer early so they can assess defects, gather records, and potentially resolve the matter without full litigation. That is why the statement about needing a 90-day notice of claim when more than ten years have passed is the best choice. The other options don’t fit because tolling from the injury date with no exceptions ignores typical exceptions and the repose framework; the personal injury period is not universally fixed at five years; and discovery rules for toxic exposure are not applied identically to claims against architects or engineers.

In many jurisdictions, suits against architects or engineers involving personal injury are governed by a ten-year limit from building completion, known as a statute of repose, and if a claim is brought after that window, there is a mandatory pre-suit step: the plaintiff must serve a notice of claim at least 90 days before filing suit. This rule exists to alert the designer early so they can assess defects, gather records, and potentially resolve the matter without full litigation. That is why the statement about needing a 90-day notice of claim when more than ten years have passed is the best choice. The other options don’t fit because tolling from the injury date with no exceptions ignores typical exceptions and the repose framework; the personal injury period is not universally fixed at five years; and discovery rules for toxic exposure are not applied identically to claims against architects or engineers.