Statute of Limitations on Product Liability Claims

Defective consumer products can cause serious injuries, disability, or death. Injury victims can file a product liability lawsuit against the manufacturer for damages. However, state laws put a time limit on how long you have to file a personal injury claim. If you don’t file your lawsuit within the statute of limitations, the court can dismiss your case.

Product liability law time limits vary by state. To find out about the statute of limitations in your state, talk to a product liability attorney for legal advice.

What Is the Statute of Limitations?

The statute of limitations is the time limit injured parties have to file a product liability action in court. Most personal injury claims have a statute of limitations. This means you only have a certain amount of time to file a civil lawsuit for damages after the date of injury. Types of personal injury claims with a statute of limitations period include:

• Car accidents
• Defective product cases
• Medical malpractice
• Premises liability
• Wrongful death

Generally, the statute of limitations is for a set period of years. For example, one state may have a two-year statute of limitations for dangerous product claims. You have 2 years from the date of the injury to file your claim with the civil court. If you are even one day late, the court can dismiss your case, and you will recover nothing for your injuries.

Why Are There Time Limits for Defective Product Claims?

Product liability claims involve injuries caused by defective consumer products. In product liability claims, you don’t have to prove negligence. Defective product injuries involve strict liability. That means that the manufacturer is responsible for putting a dangerous product on the market. Anyone involved in offering the dangerous product is liable, including:

• Product manufacturer
• Distributor
• Retailer

There are a few reasons why the courts put a time limit on personal injury cases. Over time, memories fade, and it can be more difficult to gather testimony about product liability injuries. It is also more difficult to gather evidence after a certain amount of time has passed. Time limits encourage injury victims to pursue their claims in a timely manner.

What Types of Product Liability Claims Have a Time Limit?

Most personal injury claims involve injuries caused by negligence. However, manufacturers are strictly liable for injuries caused by their defective products. You don’t have to show that the manufacturer or retailer was negligent. Instead, they are liable because they played a role in putting the dangerous product on the market. The statute of limitations on strict liability claims can differ from personal injury claims.

Product liability claims generally fall into one of three categories. Types of product liability cases include:

• Design defects
• Manufacturing defects
• Labeling defects (failure to warn)

Design defects have inherent design problems that make the product dangerous. Manufacturing defects have a problem with the way they were made, including using inferior materials that make a safe design dangerous. If there are unknown risks of using a product as expected, manufacturers should warn consumers about the dangers. Failure to warn is a type of product defect.

State-by-State Product Liability Statute of Limitations

The following is a chart of the product liability statute of limitations by state. State laws change regularly. Check with your local product liability lawyer to find out about the statute of limitations in your state.

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Exceptions to the Statute of Limitations

There are some situations where states give you more time to file a product liability lawsuit. However, not all states recognize these exceptions. The most common exceptions to the statute of limitations include:

• Late discovery of the defective product
• Minor victims of product liability injuries

In many states, the discovery rule gives you more time if you do not know what caused the injury or damage. For example, after getting a defective hip implant, it could take months or years before you find out your pain and illness are caused by the defective medical device. Under the discovery rule, the statute of limitations begins to run from the time you reasonably should have known about your injury claim.

Minor injury victims can also try to get more time to file a product liability claim. When a child suffers because of a defective toy, they may not be old enough to file their own product liability case. Many states don’t start the clock for minor victims until they turn 18. However, other states only give minor victims a certain number of years to file, even if they are still minors.

These exceptions vary by state. Some states have a statute of repose that puts an additional time limit on recovering damages. Don’t rely on any exceptions; file your claim as quickly as possible. Talk to a lawyer to find out if any exceptions apply and whether you can still file your personal injury claim.

Tips for Filing a Timely Product Liability Claim

If you or a loved one was injured by a vehicle defect or defective drug, you need to take action or risk having your claim denied. Keep all evidence related to the accident, including:

• The defective product
• Product packaging and receipts
• Photos of the injuries

Write down what happened and get the contact information for any witnesses. This information can help your attorney take quick action to file your product defect claim before the statute of limitations expires. Make sure you file your personal injury claim in time and contact a product liability lawyer as soon as possible.