How Long Do I Have To Sue For an Injury Caused by My Defective Product?

When you buy a product from a store or online, you don’t expect it to have defects that injure you. But unfortunately, thousands of people suffer injuries every year because of defective products. A product liability claim allows you to recover compensation for injuries caused by defective products. However, there is a strict time limit to file a personal injury claim.

If you file your defective product claim too late, the court can dismiss your case, and you’ll get nothing. Contact a local product liability lawyer as soon as possible to make sure you claim in time.

What Is Product Liability?

When your injuries are caused by someone’s negligence, you can file a personal injury lawsuit against the person responsible. Product liability claims are a types of personal injury claim.

Unlike most personal injury cases, you don’t have to show any one party was negligent. Instead, defective product claims typically involve strict liability. This means you just have to show that the product was defective and that the defects caused your injuries — not that the product was negligently created.

Anyone involved in making the dangerous product could be liable for injuries and damages, including the product manufacturer, distributor, or seller.

Injured by a Defective Product?

Find a product liability attorney near you with Super Lawyers. Hold companies accountable for injuries from their defective products and get compensation.

Find a lawyer today

Statute of Limitations for Defective Product Claims

A statute of limitations is a law that sets the time limit to file a legal claim. For example, in a state with a two-year statute of limitations for product liability cases, you have two years from the date of the accident to take legal action. If you are injured on July 1, 2024, you have until July 1, 2026, to file your defective product lawsuit. If you file your claim one day late, the court can dismiss your case and you will receive no damages.

The statute of limitations varies by state. Most states have a statute of limitations for product liability claims of two to four years. However, the time limit can be as short as a one-year statute of limitations. It is important to contact a personal injury lawyer as soon as possible to make sure you file your claim in time.

Product Liability Statute of Limitations by State

The following is the legal time limit to file a product liability lawsuit by state. However, there are exceptions that can increase or decrease the timeline. Don’t wait to talk to a local attorney to find out how long you have to file your product defect claim. If you miss the deadline or don’t know about an exception in your area, you could be barred from suing.

Additional Time to Sue in a Defective Product Case

There are limited exceptions to the statute of limitations. Some states have a discovery rule exception. Under the discovery rule, the time limit does not start to run until the victim discovers or reasonably should have discovered the injury.

For example, you use a product that has undisclosed toxic chemicals. Later, you develop cancer caused by the toxic exposure. The discovery rule could give you additional time to file a lawsuit, starting from when you discovered the toxic product caused the injuries.

Children who are victims of dangerous products may also have more time to file a lawsuit. In many states, the clock does not start to run until the minor reaches a certain age, often 18 years old.

These exceptions depend on your state laws. There may be additional statutes that limit how long you have to file a consumer product claim. Check with a local product liability attorney to find out if any exceptions apply.

Types of Product Defects

Product defects can involve any type of consumer product, from medications to children’s toys. Claims generally fall into one of three categories:

• Design defects
• Manufacturing defects
• Inadequate warnings and labeling defects

Proving Liability in Product Injury Cases

To win a product liability lawsuit, you can show the product is dangerous, and there were no warnings about the dangers of using the product as expected. Many product defect cases involve experts to testify for the injury victim. Manufacturing, design, and medical experts can show there was a safer alternative design.

The injured personal can file a lawsuit naming multiple defendants, including retailers, wholesalers, distributors, and manufacturers.

Product liability laws can vary by state. Some states use a consumer expectations test, and others use a risk-utility test for product liability claims. For legal advice about how to win your product liability case, talk to a local product liability attorney.

Potential Damages in Product Liability Lawsuits

Injured victims seek compensation in lawsuits. A product liability lawsuit can include both economic and noneconomic damages. Economic damages have a clear financial value, including:

• Medical expenses
• Lost wages
• Property damage
• Future costs of medical care

Noneconomic damages are for injuries and harm that do not have a clear dollar value. Types of noneconomic damages include emotional distress, pain and suffering, and loss of enjoyment in life’s activities.

Filing a Product Liability Lawsuit Before the Deadline

Filing a defective lawsuit too late means you can’t recover compensation for your injuries. A product liability lawyer can give you a case evaluation and explain your legal options. Your lawyer can also identify the companies responsible for causing your injuries. A local product liability attorney understands the statute of limitations for your claim and will make sure to file your case in time. Contact a local product liability lawyer after suffering injuries caused by a defective product.