Time Limits for Filing Product Liability Cases: State-by-State
Product liability lawsuits must be filed within each state’s statute of limitations, which typically begins when the injury is discovered, though some states start the clock at the time of injury. These deadlines are crucial. Missing them can result in dismissal of the case, even if the injury is severe or ongoing.
A plaintiff must file their product liability lawsuit within the period of time designated by each state. These time limits are called the “statute of limitations.” In most states, the period begins when the plaintiff or injured person discovered (or should have discovered) their injury.
This rule is called the “discovery rule.” The discovery rule is critical in cases involving involving asbestos and other chemicals or materials that cause latent injuries.
A few states’ statutes of limitations period begins when the injury occurred. For example, imagine that an Illinois resident suffered a burn injury when a new hair dryer they purchased malfunctioned, causing a small fire. They believed a product defect led to their injuries. As their injury worsened over the next year, they were diagnosed with nerve damage.
They consulted a product liability lawyer who informed them about Illinois’ two-year statute of limitations for product liability law cases. Illinois law states that a plaintiff must file their personal injury claim within two years of the date the injury occurred. If they do not file their lawsuit soon, the judge will dismiss their cause of action.
How Do You Determine the Filing Deadline?
Every state has laws dictating how much time you have to file your product liability lawsuit. These laws are called the statute of limitations. The statute of limitations usually starts on the day of your injury.
For example, in a car accident lawsuit, the clock starts on the day of your crash. In a malpractice case, the clock starts on the day the plaintiff discovers the malpractice occurred.
The good news is that you won’t have to worry about this if you hire a personal injury attorney. As long as you retain them early in the process, they will have ample time to file your lawsuit before the expiration of the statute of limitations period.
The Statute of Limitations Period Usually Begins on the Date of the Injury
As explained above, the statute of limitations typically starts on the date of your injury. However, sometimes you aren’t sure when your injury occurred. This is often the case in lawsuits involving medical devices or dangerous drugs. Many months or years may have passed before you realize you’re sick or injured.
The statute of limitations is usually two to four years for cases involving dangerous or defective products, marketing defects, and breach of an implied warranty. The statute period begins either on the date of your injury or when you discovered the injury.
The manufacturer, distributor, retailer, wholesaler, or insurance company may argue that you should’ve discovered the injury sooner than you did. If this happens, your attorney may have to hire experts to help prove that your discovery of the injury was reasonable.
Secondary Time Limits and Statute of Repose
Some states have time limits other than the statute of limitations. These secondary time limits, or statutes of repose, impose absolute filing deadlines. For example, some states require you to file suit within 10 or 12 years of purchasing a dangerous or defective product in product liability cases. Not every state has statutes of repose. In those states that have these laws, the time limits vary.
For example, in Arizona, a claimant must file suit within two years from when they discovered an injury occurred. However, you can no longer pursue your legal claim after 12 years. Arizona has a statute of repose that limits the time plaintiffs have to file a product liability lawsuit to 12 years from the date of purchase.
There is a difference between the statute of limitations period and the statute of repose deadline. The statute of limitations begins when you discover a defect or injury. This period is usually two to three years from the date of injury.
Statutes of repose, or secondary time limits, give an absolute maximum time to file suit. For example, imagine that you buy a lawnmower in 2020. You injured yourself using the lawnmower on January 1, 2022. The statute of limitations will start on January 1, 2022. But what if you don’t notice a defect until January of 2032?
You are beyond the two to three-year statute of limitations period. You will have to check your state laws to see if there is a statute of repose. If there is, and it’s for 10 years, you will have lost your right to sue since it’s been more than ten years since you bought the lawnmower.
Statute of Limitations Exceptions
Over the years, the courts have created exceptions to the statute of limitations requirement. These are few and far between.
The exceptions to the statute of limitations include the following:
- If the victim is under the age of eighteen when the injury occurs, the clock will start on their eighteenth birthday.
- If the plaintiff is mentally incompetent, the statute of limitations will start or resume when the plaintiff becomes competent again.
- If the defendant is hiding or evading service, the court will take that into consideration.
With wrongful death cases, the statute of limitations does not start until the victim dies. However, if the victim or their loved one discovers their illness or injury before death, the clock will begin at the time of discovery.
What Happens if You Miss the Statute of Limitations Deadline?
If you don’t file your lawsuit within the statute of limitations period, the judge will dismiss your claim. The defendant will file a motion to dismiss, or the court clerk will see that you missed the filing deadline.
Unfortunately, you cannot sue the defendant if you miss the deadline. You’ll lose any claim to damages that may have existed. This is why you should contact an attorney immediately after discovering your injury. As with many laws, there are exceptions to the rule.
How Can a Product Liability Attorney Help?
An injured person may be entitled to damages if they demonstrate that a product manufacturer, distributor, or other party injured you. However, it can be challenging to prove that a design defect or manufacturing defect exists. Even in a strict product liability case, you must prove that a product defect existed.
When you hire a product liability attorney, they’ll gather the evidence to prove that something went wrong with the manufacturing process. Or they’ll hire experts to prove a product design problem. If your lawyer files your case based on a lack of adequate warnings, your attorney will argue that there was an issue with the product’s label.
Your lawyer will also help demonstrate that you suffered severe injuries while using the unsafe product. They will also submit sufficient proof to show what damages you suffered.
To contact a product liability attorney near you, visit FindLaw’s attorney directory. Don’t let too much time pass before you get legal help—you don’t want to miss the statute of limitations period.
Statutes of Limitations for Product Liability Claims: State Law Summaries
Below is a state-by-state summary of the statute of limitations (and statutes of repose) for the following types of claims:
- Design defect
- Defective product
- Inherently unsafe product cases
Essentially, these filing deadlines apply to all product liability actions. These deadlines apply to lawsuits a plaintiff files against the product manufacturer, designer, distributor, retailer, or wholesaler.
For in-depth information on your state’s statute of limitations, visit FindLaw’s State Statutes of Limitations. Click your state from the list to find additional details on time limits for civil claims, including wrongful death cases.
|
State |
Statute of Limitations |
|---|---|
|
Alabama |
Within two years from when the injury is or should have been discovered. But if you’re suing the original seller of the product, you only have one year from the date of injury to file your lawsuit. |
|
Alaska |
Within two years from when the injury is or should have been discovered. |
|
Arizona |
Within two years from when the injury is or should have been discovered. |
|
Arkansas |
Within three years from when the injury is or should have been discovered. |
|
California |
Within two years from when the injury is or should have been discovered. |
|
Colorado |
Within two years from when the injury is or should have been discovered. Colorado also presumes a lack of defects after ten years from the date of purchase. |
|
Connecticut |
Within three years from when the injury is or should have been discovered. The state has enacted a 10-year statute of repose that begins to run once the manufacturer or seller has last parted with the product. |
|
Delaware |
Within two years from when the injury is or should have been discovered. |
|
District of Columbia |
Within three years from when the injury is or should have been discovered. |
|
Florida |
Within four years from when the injury is or should have been discovered. The state has enacted a 12-year statute of repose, subject to various exceptions. If your lawsuit is based on a latent injury or illness, the statute of repose does not apply. |
|
Georgia |
Within two years from when the injury is or should have been discovered or one year from the date of death. The state has enacted a 10-year statute of repose, subject to various exceptions. |
|
Hawaii |
Within two years from when the injury is or should have been discovered. |
|
Idaho |
Within two years of the date of injury. The state has enacted a 10-year statute of repose, subject to various exceptions. |
|
Illinois |
Within two years of the date of injury. A 12-year statute of repose begins to run once the product is sold, and a 10-year statute of repose begins to run once the product is delivered to the first owner. The Illinois legislature also prohibits lawsuits based on strict liability beyond eight years from the date of purchase. |
|
Indiana |
Within two years of the date of injury. The state has enacted a 10-year statute of repose. |
|
Iowa |
Within two years of the date of injury. The statute of repose period is 15 years. |
|
Kansas |
Within two years of the date of injury. There is a rebuttable presumption that a product is safe after ten years of purchase or use. |
|
Kentucky |
Within one year of the date on which the injury occurred. If injury, death, or property damage does not occur within eight years of the product’s use (or within five years of the date of manufacture), there is a rebuttable presumption that the product is safe. |
|
Louisiana |
Within one year of the date on which the injury occurred. This statute does not apply to minors. |
|
Maine |
Within six years of the date of injury for dangerous drugs and medical devices. The plaintiff has six years from when the injury is or should have been discovered for all other consumer products. |
|
Maryland |
Within three years from when the injury is or should have been discovered. |
|
Massachusetts |
Within three years from when the injury is or should have been discovered. |
|
Michigan |
Within two years of the date of injury. If a product is used for more than ten years, then liability cannot be based on strict liability. There is no actual statute of repose. But after ten years from the date of purchase, there is a rebuttable presumption that the product is defect-free. |
|
Minnesota |
Strict liability actions must be filed within four years of the date of injury. For negligence actions, the claimant has six years to file their claim. |
|
Mississippi |
Within two years from when the injury is or should have been discovered. |
|
Missouri |
Within five years from when the injury is or should have been discovered. |
|
Montana |
Within three years from when the injury is or should have been discovered. |
|
Nebraska |
Within four years from when the injury is or should have been discovered. The state has enacted a 10-year statute of repose, which begins when a product is first sold. |
|
Nevada |
Within two years from when the injury is or should have been discovered. |
|
New Hampshire |
Within three years from when the injury is or should have been discovered. |
|
New Jersey |
Within two years from when the injury is or should have been discovered. |
|
New Mexico |
Within three years from when the injury is or should have been discovered. |
|
New York |
Within three years from when the injury is or should have been discovered. |
|
North Carolina |
Within three years from when the injury is or should have been discovered. There is a statute of repose period of 12 years from the initial date of purchase. |
|
North Dakota |
Within six years from when the injury is or should have been discovered. |
|
Ohio |
Within two years from when the injury is or should have been discovered. There is also a 10-year statute of repose. |
|
Oklahoma |
Within two years from when the injury is or should have been discovered. |
|
Oregon |
Within two years from when the injury is or should have been discovered. There is a 10-year statute of repose, which begins on the date of purchase. If the product was made in another state, then that state’s statute of repose applies. |
|
Pennsylvania |
Within two years from when the injury is or should have been discovered. |
|
Rhode Island |
Within three years from when the injury is or should have been discovered. |
|
South Carolina |
Within three years from when the injury is or should have been discovered. |
|
South Dakota |
Within three years from when the injury is or should have been discovered. |
|
Tennessee |
Within one year from when the injury is or should have been discovered. The state has enacted a statute of repose that runs six years after an injury and 10 years after the initial purchase of a product. |
|
Texas |
Within two years of the date of injury. The statute of repose is 15 years from the date of sale. |
|
Utah |
Within two years from when the injury is or should have been discovered. |
|
Vermont |
Within three years from when the injury is or should have been discovered. |
|
Virginia |
Within two years of the date of injury. |
|
Washington |
Within three years from when the injury is or should have been discovered. The state has enacted a 12-year statute of repose. |
|
West Virginia |
Within two years from when the injury is or should have been discovered. |
|
Wisconsin |
Within three years from when the injury is or should have been discovered. There is a statute of repose of 15 years from the date of manufacture for strict liability cases. |
|
Wyoming |
Within four years from when the injury is or should have been discovered. |
Talk to a Lawyer About Your Product Liability Claim Before Time Runs Out
If you or a loved one hurt yourself using a dangerous product, don’t wait too long to seek legal advice. Because of the strict time limits states place on product liability claims, you want to file your claim sooner rather than later.
Because your state’s laws and statute of limitations are relevant, your attorney should also be licensed in your state. FindLaw’s directory of product liability attorneys can get you started. Select your state or city for a list of trusted legal advisors in your area.
Missing a filing deadline could jeopardize your right to recovery. The filing deadline in your case will depend on several factors, including the type of product you were using when you injured yourself.
Can I Solve This on My Own or Do I Need an Attorney?
- A lawyer can help seek fair compensation on your behalf
- Accident and injury claims are complex and insurance carriers have lawyers on their side
- An attorney can help gather evidence and documentation to support your claim
An experienced attorney can increase your chances of success with your case. Many attorneys offer free consultations.
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