{"id":372328,"date":"2016-04-11T01:21:50","date_gmt":"2016-04-11T06:21:50","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/dc-law\/district-of-columbia-statute-of-limitations-for-defective-produc.html"},"modified":"2024-10-15T15:13:46","modified_gmt":"2024-10-15T20:13:46","slug":"district-of-columbia-statute-of-limitations-for-defective-produc","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/dc-law\/district-of-columbia-statute-of-limitations-for-defective-produc.html","title":{"rendered":"District of Columbia Statute of Limitations for Defective Product Claims"},"content":{"rendered":"\n
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District of Columbia Statute of Limitations for Defective Product Claims<\/h1>\n
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\n By Melissa McCall, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/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

Statutes of limitations are laws determining the period to file a lawsuit following an event, such as medical malpractice. These laws aim to ensure the resolution of disputes within a reasonable time.<\/p>\r\n

In the United States, each state and territory establishes its own statute of limitations for product liability<\/a> cases. The District of Columbia product liability<\/a> laws require manufacturers and retailers to include express and implied warranties for products they place into commerce.<\/p>\r\n

Understanding Defective Products Claims<\/b><\/h2>\r\n

A cause of action for a defective product exists against all manufacturers and distributors that participated in placing a product into commerce. Let’s consider an electric toothbrush that short-circuits when it gets wet. A consumer purchases the toothbrush in a big box store and suffers an injury while using the toothbrush. That consumer may have a cause of action for a defective product (the toothbrush) against the toothbrush manufacturer and, possibly, the distributor.<\/p>\r\n

Defective product claims are tort claims that apply to civil cases where one party intentionally harms another. Battery is one example of a tort claim. Battery happens when one person intentionally touches another person without consent, intending to cause harm. Hitting someone is an example of battery.<\/p>\r\n

Products Liability<\/h2>\r\n

Product liability is the area of law that covers defective products. Products introduced into the stream of commerce must meet the consumer’s "ordinary expectations<\/a>." Consumers can expect the items they buy to be safe and perform as expected. In the toothbrush example, the ordinary expectation is that it will not malfunction when the consumer brushes their teeth.<\/p>\r\n

Defective Products Claims in the District of Columbia<\/h2>\r\n

The D.C. Code applies strict liability<\/a> in most product liability cases. Strict liability is a legal standard in tort cases. In strict liability cases, the plaintiff\/claimant does not have to prove intent; the defendant is liable for the injury or harm. Strict liability in products liability cases apply to inherently dangerous products.<\/p>\r\n

What Is a Defective Product?<\/h2>\r\n

A defective product does not work as the manufacturer intended. Consider airbags in a motor vehicle. The purpose of airbags is to protect the driver and passengers in a vehicle accident. If the airbags do not deploy in a car accident, they don’t work as the manufacturer intended. The driver or passenger can file a personal injury lawsuit if they suffer injuries.<\/p>\r\n

Types of Defective Products<\/h2>\r\n

Three categories of defective products can lead to a products liability case. These categories<\/a> include the following:<\/p>\r\n