Product Liability Statute of Limitations by State

The statute of limitations for product liability cases defines the timeframe within which you must file a legal claim after being harmed by a defective product. Each state has its own laws governing these time limits, so the jurisdiction in which you were injured will significantly impact your ability to seek compensation. 

Understanding Product Liability Claims

A product liability lawsuit is a legal action taken against a manufacturer, distributor, or seller for producing or selling a product that’s defective and causes injury or harm. There are several grounds upon which a plaintiff may base a product liability case:

1. Strict Liability: In strict liability cases, the injured party does not need to prove negligence on the part of the manufacturer. Instead, they only need to demonstrate that the product was defective and caused their injury. This means that even if the manufacturer acted responsibly, they might still be held liable if a defect in the product led to harm.
2. Negligence: Claims based on negligence require the plaintiff to establish that the manufacturer failed to meet a reasonable standard of care in the design, manufacturing, or marketing of the product. If the injured party can show that this failure caused their injury, they might have a valid injury claim.
3. Breach of Warranty: If a product does not perform as promised or is unsafe for use, it may be considered a breach of warranty. This can involve express warranties, such as claims made in advertisements, or implied warranties, which suggest that a product is fit for its intended purpose. 

Statute of Limitations vs Statute of Repose

When filing a personal injury claim involving product liability, there are two significant deadlines that you must be aware of: the statute of limitations period and the statute of repose. 

Statute of Limitations

The statute of limitations governs the time limits within which an injured party must file a lawsuit. This period varies by state and applies to cases involving strict liability, negligence, and breach of warranty claims. 

For example, in many jurisdictions, the limitations period for injury claims resulting from a dangerous product may be as short as two years, while in others, it can extend up to four years or more. There’s often a discovery rule that changes the deadline as well.

Statute of Repose

The statute of repose is another law limiting the timeline for when a lawsuit can be filed. It sets separate time limits on product liability cases that are not contingent on the date of the injury. Instead, it is based on the date of the initial purchase or when the product was manufactured.

This means that if a person is injured years after purchasing and using a product, they may be barred from seeking compensation if the statute of repose has expired. Some of these deadlines are ten years or twelve years, while others are as long as 15 or 20 years.

Rebuttable Presumption

Another complication of these claims is a rebuttable presumption, which is a legal assumption that a product is considered safe if it was sold or manufactured more than ten years before an injury occurred.

This means that even if the product later causes harm, there’s an underlying assumption that it met safety standards at the time of its sale. The burden then shifts to the injured party to demonstrate why this presumption should not apply in their case, often requiring substantial evidence to overcome this legal hurdle. 

Product Liability Statute of Limitations and Statute of Repose by State

Understanding the regulations that govern legal claims is imperative, and this includes grasping both the statute of limitations and the statute of repose set forth by each state. Below is an overview of these statutes by state. 

Determining the Filing Deadline

According to the discovery rule, the statute of limitations is activated either at the moment the injury occurred or when the injured person discovered or should have discovered the injury. 

This distinction is particularly significant in cases of latent injuries—instances where the harm is not immediately evident, such as asbestos exposure or injuries resulting from defective medical devices.

Establishing the exact moment of discovery can be complex, sometimes requiring the insight of a competent medical expert to determine when the injury occurred or when it should have been identified. This professional assessment is crucial in strengthening the case and ensuring sufficient notice is provided to the product manufacturer when filing suit.

Filing a Product Liability Claim

If you or a loved one has been injured by a defective item, it’s important to understand the steps to file a legal claim. 

• Document the Injury and Defect: Begin by thoroughly documenting the injury and any property damage caused by the defective product. This written record will be helpful as you gather more evidence to support your claim.
• Understand the Limitations Period: The limitations period begins when the injury occurs or, according to the discovery rule, when the plaintiff discovers the injury. The statute of limitations for filing product liability claims is commonly two years, but this can vary depending on your state laws.
• Evaluate the Statute of Repose: In addition to the statute of limitations, the statute of repose applies a time limit based on the date of the product’s initial purchase or manufacturing. This means that, regardless of when the injury occurs, you may be unable to file a lawsuit if the repose period has expired. 
• Seek Legal Assistance: Given the complexities associated with product liability cases, it can be beneficial to seek legal assistance. An experienced attorney can help you navigate the statute of limitations and statue of repose, ensuring you meet the specified filing period.
• File Your Claim: Once you have gathered all necessary documentation and consulted with a legal professional, you can proceed to file your claim. Remember that strict deadlines govern when you can initiate legal action, making timely action imperative. 

Hiring a Product Liability Lawyer

An experienced product liability lawyer will assist in gathering essential evidence to support your claim. This involves compiling documentation, identifying witnesses, and consulting experts. Their expertise is crucial in presenting your case effectively, safeguarding your rights as a plaintiff. 

Here’s how the team at Rosenfeld Injury Lawyers can help with your case:

Understanding Damages in Product Liability Cases: Understanding the types of damages available in a product liability case is vital. Compensatory damages may cover medical expenses, lost wages, and pain and suffering, while punitive damages may apply in instances of reckless conduct. An attorney can guide you on available damages and work to secure the maximum compensation. 

Timely Evidence Preservation: Preserving evidence is critical for a product liability case. Retain the product, related packaging, manuals, and correspondence. Your legal representative will provide guidance on evidence preservation, as it significantly influences the strength of your claim and the legal process. 

Your Next Steps

Taking timely action is crucial when dealing with product liability cases. The sooner you consult with a legal professional, the better your chance of protecting your rights and building a strong case. 

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