(concurring):
I concur, but write to point out that Utah Code Ann. § 78-12-25(2), providing a four-year limitation on actions for personal injuries founded on negligence, applies to this action against Layton City, both in its capacity as the owner of the facility and also in its capacity as the planner, designer, and builder of the facility. The seven-year period of repose prescribed by section 78-12-25.5 has no impact on actions brought by third persons against the owner. This is because of the exclusion in the statute which reads, “The limitation imposed by this provision shall not apply to any person in actual possession and control as owner, tenant or otherwise, of the improvement — ” Good v. Christensen, 527 P.2d 223, 224 (Utah 1974). A cause of action for personal injury generally accrues when the accident occurs, and the four-year statute of limitations begins to run at that time on any action against the owner.
In contrast, when an action for personal injuries is brought by a third person against a designer, planner, or builder of an improvement, the four-year statute of limitations also commences to run on the date of the accident unless seven years have expired since the completion of the construction of the improvement. In that event, section 78-12-25.5 provides that the third person has no cause of action at all against the designer, planner, or builder. However, if any part of the seven-year period remains at the time the accident occurs, the injured third person has the remainder of the seven-year period, but not to exceed four years, to bring his action for personal injuries. In other words, the seven-year statute provides the outer limit, but within that time frame the four-year statute operates. O’Connor v. Altus, 67 N.J. 106, 335 A.2d 545 (1975); Annot., 93 A.L. R.3d 1242, 1268 (1979).