{"id":353381,"date":"2016-04-04T10:46:55","date_gmt":"2016-04-04T15:46:55","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/product-liability\/time-limits-for-filing-product-liability-cases-state-by-state.html"},"modified":"2025-10-03T11:54:00","modified_gmt":"2025-10-03T16:54:00","slug":"time-limits-for-filing-product-liability-cases-state-by-state","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/product-liability\/time-limits-for-filing-product-liability-cases-state-by-state.html","title":{"rendered":"Time Limits for Filing Product Liability Cases: State-by-State"},"content":{"rendered":"\n
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Time Limits for Filing Product Liability Cases: State-by-State<\/h1>\n\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Oni Harton, J.D.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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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.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n\n <\/div>\n\n\n\n

A plaintiff must file their product liability lawsuit<\/span> within the period of time designated by each state. These time limits<\/span> are called the \u201cstatute of limitations<\/span><\/a>.\u201d In most states, the period begins when the plaintiff or injured person<\/span> discovered (or should have discovered) their injury.<\/p>\n

This rule is called the \u201cdiscovery rule<\/span>.\u201d The discovery rule<\/span> is critical in cases involving\u00a0involving asbestos<\/a>\u00a0and other chemicals or materials that cause latent injuries.<\/p>\n

A few states\u2019 statutes of <\/span>limitations<\/span> period<\/span> 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<\/span><\/a> led to their injuries. As their injury worsened over the next year, they were diagnosed with nerve damage.<\/p>\n

They consulted a product liability lawyer<\/span><\/a> who informed them about Illinois\u2019 two-year statute of limitations<\/span> for product liability law<\/span> cases. Illinois law states that a plaintiff must file their personal injury<\/span> claim<\/span> 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<\/span>.<\/p>\n

How Do You Determine the Filing Deadline?<\/h2>\n

Every state has laws dictating how much time you have to file your\u00a0product liability lawsuit<\/span><\/a>. These laws are called the statute of limitations<\/span>. The statute of limitations<\/span> usually starts on the day of your injury.<\/p>\n

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.<\/p>\n

The good news is that you won\u2019t have to worry about this if you hire a personal injury<\/span> 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 <\/span>limitations<\/span> period<\/span>.<\/p>\n

The Statute of <\/span>Limitations<\/span> Period<\/span> Usually Begins on the Date of the Injury<\/h2>\n

As explained above, the statute of limitations<\/span> typically starts on the date of your injury. However, sometimes you aren\u2019t sure when your injury occurred. This is often the case in lawsuits involving medical devices<\/span> or dangerous drugs. Many months or years may have passed before you realize you\u2019re sick or injured.<\/p>\n

The statute of limitations<\/span> is usually two to four years for cases involving dangerous or defective products<\/span>, marketing defects<\/a>, and breach of an implied warranty<\/span>. The statute period begins either on the date of your injury or when you discovered the injury.<\/p>\n

The manufacturer, distributor<\/span>, retailer,\u00a0wholesaler,\u00a0or insurance company\u00a0may argue that you should\u2019ve 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.<\/p>\n

Secondary Time Limits<\/span> and Statute of Repose<\/span><\/h2>\n

Some states have time limits<\/span> other than the statute of limitations<\/span>. These secondary time limits<\/span>, or\u00a0statutes of repose<\/span><\/a>, 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<\/span> in product liability cases<\/span>. Not every state has statutes of repose<\/span>. In those states that have these laws, the time limits<\/span> vary.<\/p>\n

For example, in Arizona<\/span><\/a>, a claimant<\/span> must file suit within two years from when they discovered an injury occurred. However, you can no longer pursue your legal claim<\/span> after 12 years. Arizona<\/span> has a statute of repose<\/span> that limits the time plaintiffs have to file a product liability lawsuit<\/span> to 12 years from the date of purchase.<\/p>\n

There is a difference between the statute of <\/span>limitations<\/span> period<\/span> and the statute of repose<\/span> deadline. The statute of limitations<\/span> begins when you discover a defect or injury. This period is usually two to three years from the date of injury<\/span>.<\/p>\n

Statutes of repose<\/span>, or secondary time limits<\/span>, 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<\/span> will start on January 1, 2022. But what if you\u00a0don\u2019t notice a defect until January of 2032?<\/p>\n

You are beyond the two to three-year statute of <\/span>limitations<\/span> period<\/span>. You will have to check your state laws<\/span> to see if there is a statute of repose<\/span>. If there is, and it\u2019s for 10 years, you will have lost your right to sue since it\u2019s been more than ten years since you bought the lawnmower.<\/p>\n

Statute of Limitations<\/span> Exceptions<\/h2>\n

Over the years, the courts have created exceptions to the\u00a0statute\u00a0of limitations<\/span>\u00a0requirement. These are few and far between.<\/p>\n

The exceptions to the statute of limitations<\/span> include the following:<\/p>\n