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Product Liability Statute of Limitations by State
The statute of limitations for product liability cases defines the timeframe within which you must file a legal claim after being harmed by a defective product. Each state has its own laws governing these time limits, so the jurisdiction in which you were injured will significantly impact your ability to seek compensation.
Understanding Product Liability Claims
A product liability lawsuit is a legal action taken against a manufacturer, distributor, or seller for producing or selling a product that’s defective and causes injury or harm. There are several grounds upon which a plaintiff may base a product liability case:
- Strict Liability: In strict liability cases, the injured party does not need to prove negligence on the part of the manufacturer. Instead, they only need to demonstrate that the product was defective and caused their injury. This means that even if the manufacturer acted responsibly, they might still be held liable if a defect in the product led to harm.
- Negligence: Claims based on negligence require the plaintiff to establish that the manufacturer failed to meet a reasonable standard of care in the design, manufacturing, or marketing of the product. If the injured party can show that this failure caused their injury, they might have a valid injury claim.
- Breach of Warranty: If a product does not perform as promised or is unsafe for use, it may be considered a breach of warranty. This can involve express warranties, such as claims made in advertisements, or implied warranties, which suggest that a product is fit for its intended purpose.
Statute of Limitations vs Statute of Repose
When filing a personal injury claim involving product liability, there are two significant deadlines that you must be aware of: the statute of limitations period and the statute of repose.
Statute of Limitations
The statute of limitations governs the time limits within which an injured party must file a lawsuit. This period varies by state and applies to cases involving strict liability, negligence, and breach of warranty claims.
For example, in many jurisdictions, the limitations period for injury claims resulting from a dangerous product may be as short as two years, while in others, it can extend up to four years or more. There’s often a discovery rule that changes the deadline as well.
Statute of Repose
The statute of repose is another law limiting the timeline for when a lawsuit can be filed. It sets separate time limits on product liability cases that are not contingent on the date of the injury. Instead, it is based on the date of the initial purchase or when the product was manufactured.
This means that if a person is injured years after purchasing and using a product, they may be barred from seeking compensation if the statute of repose has expired. Some of these deadlines are ten years or twelve years, while others are as long as 15 or 20 years.
Rebuttable Presumption
Another complication of these claims is a rebuttable presumption, which is a legal assumption that a product is considered safe if it was sold or manufactured more than ten years before an injury occurred.
This means that even if the product later causes harm, there’s an underlying assumption that it met safety standards at the time of its sale. The burden then shifts to the injured party to demonstrate why this presumption should not apply in their case, often requiring substantial evidence to overcome this legal hurdle.
Product Liability Statute of Limitations and Statute of Repose by State
Understanding the regulations that govern legal claims is imperative, and this includes grasping both the statute of limitations and the statute of repose set forth by each state. Below is an overview of these statutes by state.
| State | Deadline | Damage Caps | Code | Discovery Rule | Exceptions | Statute of Repose |
|---|---|---|---|---|---|---|
| Alabama | 2 years | Punitive damages are capped at 3x the compensatory damages, up to $1.5 million. Claims against small businesses are capped at the lesser of $50,000 or 10% of their net worth. | Ala. Code § 6-2-38 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minor or Mentally Insane: An individual who was under the age of 19 or declared mentally insane at the time of injury has two years to file a civil lawsuit once the disability period ends. However, no claims can be filed after twenty years from the date of the accident, no matter what the circumstances are. Defendant Absent: When the defendant is absent from Alabama, the statute of limitations pauses and only resumes once they return to the state. Government Entities: For claims against a municipality, you must file a formal claim within six months from the date of injury to meet legal requirements. | None |
| Alaska | 2 years | Non-economic damages are capped at the greater of $400,000 or the victim’s remaining life expectancy multiplied by $8,000. Except in cases involving severe permanent physical impairment or severe disfigurement, the cap increases to the greater of $1,000,000 or the victim’s remaining life expectancy multiplied by $25,000. Punitive damages are generally capped at the greater of 3x compensatory damages or $500,000. | Alaska Stat. § 09.10.070 | A claim accrues when the plaintiff has information which is sufficient to alert a reasonable person to begin an inquiry to protect his rights. | Minor/Legal Disability: For a person who is legally disabled, such as a minor or someone with mental illness or disability, the statute limitation period starts once the legal disability ends. Party Who Injured You Is Out of State: If the party responsible for your injury leaves Alaska or goes into hiding within the state, the statute of limitations clock pauses during their absence, delaying its start until they return or can be located. | None |
| Arizona | 2 years | None | Ariz. Rev. Stat. § 12-542 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minor or Disability: If a child or someone of unsound mind is injured, the statute of limitations for filing a lawsuit does not begin until the child reaches 18 years of age or the person regains a sound mind. Government Entities: In Arizona, claims against public entities or employees follow different rules: a notice of claim must be filed within 180 days from when the claimant becomes aware of the damage and its cause. Any lawsuits must be initiated within one year after the cause of action accrues. Party Who Injured You Is Out of State: If the party responsible for your injury leaves Alaska or goes into hiding within the state, the statute of limitations clock pauses during their absence, delaying its start until they return or can be located. Fraud or Concealment: The personal injury statute of limitations can be paused if fraud or concealment by the defendant prevents the plaintiff from discovering the cause of action. | None |
| Arkansas | 3 years | None | Ark. Code § 16-116-203 | The statute of limitations begins when the individual first becomes aware of their injury and understands the likely causal link between the injury and the use of a specific product. | Minor: If a child under 21 is injured, the statute of limitations for filing a lawsuit does not begin until the child reaches 21 years of age. Breach of Warranty: Statute of limitations is 4 years. Insane: If the person who is injured is legally insane at the time, the statute of limitations is paused until they are no longer insane. | None |
| California | 2 years | None | Code of Civil Procedure § 335.1 | The discovery rule allows the statute of limitations to start when the plaintiff has or should have inquiry notice of the cause of action. | Minors: For minors under 18, the statute of limitations begins when they reach the age of 18. Government Entity: For claims against a government entity, you must file an administrative claim within six months of the injury date. If the government denies your claim within 45 days, you have six months from the denial to sue. If there’s no response, you have two years from the incident to file a lawsuit. State Prison: If the claimant is in state prison, the timeline starts after their release. Outside California: If the claimant resides outside the state of California, the timeline may be extended until they return. Insane: If the claimant is legally declared insane, the statute of limitations is suspended until they are deemed sane. | None |
| Colorado | 2 years | Non-economic damages are capped at $729,790, but with clear and convincing evidence of greater damages, courts may raise the cap to $1,459,600. Punitive damages are capped at the no more than the other total damages awarded in the case. | Colo. Rev. Stat. § 13-80-106 | The discovery rule allows the statute of limitations to start on the date both the injury and its cause are known or should have been known by the exercise of reasonable diligence | Minor: The statute of limitations may not start until you turn 18. Disabled/Mentally Ill: Statute of limitations may not begin to run until you are no longer disabled or mentally ill. Fraud/Misrepresentation/Concealment: Statute of limitations doesn’t begin to run until the fraud is discovered or should have been discovered by the exercise of reasonable diligence. Outside Colorado: If the claimant resides outside the state of Colorado, the timeline may be extended until they return. | After a product has been sold for 10 years, there is a rebuttable presumption that the product was not defective, the manufacturer or seller was not negligent, and all warnings were adequate. |
| Connecticut | 3 years | Punitive damages are capped at is 2x compensatory damages. | Conn. Gen. Stat. § 52-577a | The statute of limitations begins to run once the injury is first sustained, discovered, or reasonably should have been discovered through proper diligence and care. | Fraud/Misrepresentation/Concealment: Statute of limitations doesn’t begin to run until the fraud is discovered or should have been discovered by the exercise of reasonable diligence. Outside Connecticut: If the claimant resides outside the state of Connecticut, the timeline may be extended until they return. | 10 years |
| Delaware | 2 years | None | Del. Code tit. 10 § 8119 | The statute of limitations is tolled when the injury is inherently unknowable and the claimant is blamelessly ignorant of the wrongful act and the injury complained of. If the rule is applicable, the statute of limitations will begin to run upon the discovery of facts constituting the basis of the cause of action or the existence of facts sufficient to put a person of ordinary intelligence and prudence on inquiry which, if pursued, would lead to the discovery of such facts. | Minor: The statute of limitations is 3 years from turning 18. Government/Public Entities: Must provide written notice within 1 year of sustaining an injury. Outside Delaware: If the claimant resides outside the state of Delaware, the time they are out of the state does not count. | None |
| Florida | 2 years (cases on or before 3/24/23); 4 years for all cases after 3/24/23 | Punitive damages are capped at 3 times the value of the compensatory damages (both economic and noneconomic) awarded to each claimant or $500,000. | Fla. Stat. § 95.11 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minor/Incapacitated/Mentally Incompetent: The statute of limitations is 7 years from the injury or the standard statute of limitations, whichever is longer. Government/Public Entities: Must provide written notice within 6 months year of sustaining an injury. Defendant Flees Jurisdiction: If the claimant flees the jurisdiction, the time they are out of the state does not count. Concealment: Statute of limitations doesn’t begin to run until the concealment is discovered or should have been discovered by the exercise of reasonable diligence. | The statute of repose is 12 years from delivery if the product’s useful life is 10 years or less, but if the manufacturer claims the product will last over 20 years, the repose period will match the time specified in those claims. |
| Georgia | 2 years | None | Ga. Code § 9-3-33 | The discovery rule allows the statute of limitations to start when the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, both that he has been injured and that the defendant may have caused his injury | Minor/Mentally Incapacitated: The statute of limitations is 2 years from turning 18. Government/Public Entities: Must provide written notice within 6 to 12 months of the injury, depending on the specifics of the claim. Outside Georgia: If the claimant resides outside the state of Georgia, the time they are out of the state does not count. Concealment: Statute of limitations doesn’t begin to run until the concealment is discovered or should have been discovered by the exercise of reasonable diligence. | 10 years from the date the personal property that caused or contributed to the injury was first sold for use or consumption. |
| Hawaii | 2 years | None | Hawaii Revised Statute § 657.7 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minor/Mental Incapacity: The statute if limitations is tolled until they turn 18 or are no longer mentally incapacitated. Imprisonment: If a prisoner serving a term of less than life is injured, the limitation clock runs from the date they’re released from prison. Government Entity: Must provide notice within 6 months of the injury. Fraudulent Concealment: If the defendant intentionally conceals or misrepresents information, the statute of limitations can be extended. | None |
| Idaho | 2 years | Non-economic damages capped at $250,000, but adjusts annually for inflation and average annual wages, amounting to $458,728.65 as of 2023. Punitive damages are capped at $250,000 or 3x compensatory damages, whichever is greater. | Idaho Code § 6-1403 | Minor: Statute of limitations is tolled until the minor turns 18 or until 6 years after the injury, whichever occurs sooner. Defendant Leaves the State: Statute of limitations is tolled until 6 years from the date of the injury or from the date the defendant returns to the state, whichever is earlier. Government Entity: Must file a claim with the Secretary of State before filing a lawsuit, which has to be done within 6 months of the injury. Fraudulent Concealment: If defendant fraudulently and knowingly concealed the wrongful act, the statute of limitations is tolled until the victim discovers the injury or should have discovered. Imprisoned/Mentally Incapacitated: Statute of limitations may be tolled in these cases. | When the injury is 10 years after delivery of the product, it is presumed that the harm occurred after the product’s safe life expired, and this presumption can only be challenged with clear and convincing evidence. If the product seller warrants safe use beyond 10 years, the statute of repose is extended to match the warranty period. | |
| Illinois | 2 years | None | 735 ILCS 5/13-202 | A claim accrues when the plaintiff discovers, or in the exercise of ordinary diligence could have discovered, that his injury was caused by the tortious act of another | Minor: Statute of limitations is tolled until they reach 18. Government Entity: Must provide written notice of a claim within 1 year of the injury. Mentally Handicapped: Statute of limitations starts when the disability is no longer an impairment. Defendant Leaves the State: The time where the defendant is out of the state does not count toward the statute of limitations. Fraudulent Concealment: If the defendant fraudulently conceals the cause of action, the plaintiff has until 5 years from the date they discover the cause of action. | A cause of action must be commenced within the shorter of 10 years from the date of first sale, delivery, or lease to the initial consumer or other non-seller; or 12 years from the date of any first sale, lease, or delivery of possession by a seller. |
| Indiana | 2 years | Punitive damages are capped at 3x the compensatory damages or $50,000, whichever is greater. | Ind. Code § 34-20-3-1 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Concealment: If a person responsible for an incident attempts to conceal their liability, the statute of limitations will likely not start until the concealment ends and the underlying facts are discovered. | A cause of action must be filed within 2 years of accrual or within 10 years of the product’s delivery; however, if the action accrues between 8 and 10 years after delivery, the plaintiff has 2 years from accrual to file the claim. |
| Iowa | 2 years | None | Iowa Code § 614.1 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minor: The statute of limitations is one year from their 18th birthday. Defendant Leaves Iowa or Cannot Be Identified: The statute of limitations stops running if the defendant moves out of Iowa or remains unidentified despite diligent efforts to locate them. Disability: If the injured person is disabled, they will have 1 year from the date that their disability is removed. Claims Against Iowa Municipalities: Claims against Iowa municipalities must generally be filed within two years from the date of the injury. | 15 years |
| Kansas | 2 years | Punitive damages are capped at the lesser of the defendant’s highest annual gross income over the past 5 years (unless that is deemed not adequate, then up to 50% of their net worth, or $5,000,000. | Kan. Stat. § 60-513 | The discovery rule allows the statute of limitations to start at the time a negligent act causes injury if both the act and the resulting injury are reasonably ascertainable by the injured person. | Minors: Injured minors have 1 year from the date of their 18th birthday. Disability: One year from the date the disability is removed. Imprisonment: If defendant is in prison for less than a life sentence, they can file a claim within 1 year of being released unless they have access to court for purposes of bringing an action. In that case, they are not considered disabled and the statute of limitations will be standard. Defendant Leave State or Hides: If you’re unable to serve the defendant because they’re out of the state or in hiding, this time does not count toward the statute of limitations. Government: You must provide notice and then you can sue, generally within | When the injury is more than 10 years after delivery, of the product it is presumed that the harm occurred after the product’s safe life expired, and this presumption can only be challenged with clear and convincing evidence. If the product seller warrants safe use beyond 10 years, the statute of repose is extended to match the warranty period. |
| Kentucky | 1 year | None | Ky. Rev. Stat. § 413.140 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minor: Injured minors have one year from their 18th birthday. Mental or Physical Incapacity: If a victim is incapacitated due to mental or physical reasons, the statute of limitations does not begin until the incapacity ends. Defendant’s Absence: If the defendant has left the state or is hiding, making service of legal papers impossible, the statute of limitations is tolled until the defendant can be located and served. Government: For some claims against the government, you must provide notice to sue within 90 days of the accident. | 5 years after the sale date or more than 8 years after manufacture |
| Louisiana | 1 year | None | La. Civ. Code art. 3492 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minors: Injured minors have 1 year from their 18th birthday. Disability: Statute of limitations is 1 year from when the disability is removed. Fraudulent Concealment: If the defendant intentionally concealed their wrongdoing, the statute of limitations may be extended. | None |
| Maine | 6 years | None | Me. Stat. tit. 14 § 752 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minor: Statute of limitations doesn’t start to run until 18th birthday. Fraudulent Concealment: 6 years from when you discovery the fraud and your cause of action. Disabled: Statute of limitations doesn’t run until the disability is removed. Government: Must file within 2 years of the injury, and must provide notice within 1 year. | None |
| Maryland | 3 years | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Md. Code, Cts. & Jud. Proc. § 5-101 | Non-economic damages are capped at $935,000 | Minor: Statute of limitations doesn’t begin until they turn 18. Disability: Statute of limitations is 3 years from when the disability is removed. Defendant Leaves State: The statute of limitations is tolled while they’re out of the state. Government: you must file a claim with the state treasurer within one year of a personal injury caused by a state agency or employee, and if this claim is denied or unanswered after 6 months, you are then eligible to file a lawsuit within 3 years from the date of the injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations begins when the injured party discovers, or reasonably should have discovered, the fraud. | None |
| Massachusetts | 3 years | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Mass. Gen. Laws ch. 260 § 2A | Non-economic damages are capped at $500,000 but can be exceeded if a jury finds significant permanent impairment or disfigurement, or other special circumstances that make the cap unjust for the plaintiff’s compensation. | Minor: Statute of limitations doesn’t begin until they turn 18. Disability: Statute of limitations begins to run when the disability is removed. Defendant Leaves State: The statute of limitations is tolled while they’re out of the state. Government: Usually 2 years, and there are separate notice requirements. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations begins when the injured party discovers, or reasonably should have discovered, the fraud. | None |
| Michigan | 3 years | In an action for product liability, noneconomic damages shall not exceed $280,000.00, unless the defect in the product caused either the person’s death or permanent loss of a vital bodily function, in which case the total amount of damages for noneconomic loss shall not exceed $500,000.00. | Mich. Comp. Laws § 600.5805 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minor: Statute of limitations is 1 year from when they turn 18. Disability: Statute of limitations is 1 year from the date the disability is removed. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: 2 or 3 years, depending on the specifics of the claim, and there are separate notice requirements. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is 2 years from the date the injured party discovers, or reasonably should have discovered, the fraud. | None, but if a product has been in use 10 years or more, the plaintiff must prove a prima facie case without the benefits of any presumption. |
| Minnesota | 4 years for strict liability claims/6 years for negligence claims | None | Minn. Stat. § 541.05 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minor: Statute of limitations is 1 year from when they turn 18. Disability: Statute of limitations is 1 year from the date the disability is removed, but the deadline will never be extended for more than 5 years, even if the injured party doesn’t recover. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must file notice within 180 days of the incident and usually 2 years to file a lawsuit. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. | None |
| Mississippi | 3 years | Non-economic damages are capped at $1 million (but constitutionality of this limit is in dispute), punitive damages are generally capped based on the defendant’s net worth. | Miss. Code § 15-1-49 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minor: Statute of limitations is paused until injured party turns 18. Disability: Statute of limitations paused until the date the disability is removed. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must file notice within 90 days of the incident. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. | None |
| Missouri | 5 years | None | Miss. Code § 516.120 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 21: Statute of limitations is paused until injured party turns 21. Disability: Statute of limitations paused until the date the disability is removed. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must file notice within 90 days of the incident. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. | None |
| Montana | 3 years | Punitive damages are capped at $10 million or 3% of a defendant’s net worth, whichever is less. | Mont. Code § 27-2-204 | The period of limitations does not begin to run until the injured party has discovered, or in the exercise of due diligence should have discovered, both the injury and its cause. | Minor: Statute of limitations is paused until injured party turns 18. Disability: Statute of limitations paused until the date the disability is removed, but the deadline will never be extended for more than 5 years, even if the injured party doesn’t recover. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: A complaint must be submitted in writing to the Department of Administration, which has 120 days to either grant or deny the claim. Once they recive notice, the statute of limitations is paused for 120 days. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. | None |
| Nebraska | 4 years | None | Neb. Rev. Stat. §§ 25-224 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 21: Statute of limitations is paused until injured party turns 21. Disability: Statute of limitations paused until the date the disability is removed. Prison: The statute of limitations is paused while the injured party is in prison. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: 2 years for most cases, with other notice requirements. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. | 10 years if the product is made in Nebraska. If made outside Nebraska, the other state’s statute of repose applies, but it must be at least 10 years, and if that state has no statute of repose, none applies. |
| Nevada | 2 years | None | Nev. Rev. Stat. § 11.190(4)(e) | The statutory period of limitations is tolled until the injured party discovers, or reasonably should have discovered, facts supporting a cause of action | Under 18: Statute of limitations is paused until injured party turns 18. Disability: Statute of limitations paused until the date the disability is removed. State Custody Other Than Prison: If the person is in state custody and was placed when they were less than 18, the statute of limitations is tolled (this does not apply when the victim is in prison). Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: 2 years for most cases, with other notice requirements. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. | None |
| New Hampshire | 3 years | None | N.H. Rev. Stat. § 508:4 | The discovery rule allows the statute of limitations to start when the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, the injury and its causal relationship to the act or omission complained of. | Under 18: Statute of limitations is 2 years from when the injured party turns 18. Disability: Statute of limitations is 2 years from when the disability is removed. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: 3 years for most cases, with other notice requirements. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. | None |
| New Jersey | 2 years | In most cases, punitive damages are capped at the greater of five times the compensatory damages or $350,000. | N.J. Stat. § 2A:14-2 | The discovery rule allows the statute of limitations to start when the injured party discovers, or by an exercise of reasonable diligence and intelligence should have discovered that he may have a basis for an actionable claim. | Under 18: Statute of limitations begins when the injured party turns 18. Disability: Statute of limitations begins when the disability is removed. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must provide written notice of claim within 90 days of injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. | None |
| New Mexico | 3 years | None | N.M. Stat. § 37-1-8 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 18: Injured plaintiff has until the later of 1 year after they turn 18 or 3 years after they are injured to file the claim. Disability: 1 year from the date their disability is removed. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must provide written notice of claim within 90 days of injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. | None |
| New York | 3 years | None | N.Y. C.P.L.R. § 214 | The discovery rule allows the statute of limitations to start on the date of discovery of the injury by the plaintiff or from the date when through the exercise of reasonable diligence such injury should have been discovered by the plaintiff, whichever is earlier | Under 18: Statute of limitations begins when the injured party turns 18. Disability: Statute of limitations begins when the disability is removed. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must provide written notice of claim within 90 days of injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. | None |
| North Carolina | 3 years | Punitive damages are capped at the greater of 3 times the compensatory damages or $250,000. | N.C. Gen. Stat. § 1-52 | The discovery rule allows the statute of limitations to start when it becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs | Under 18: Statute of limitations begins when the injured party turns 18. Insane/Incompetent: Statute of limitations begins when the disability is removed. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must provide written notice of claim within 180 days of injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. | 12 years |
| North Dakota | 6 years | Punitive damages are capped at the greater of $250,000 or 2x the compensatory damages. | N.D. Cent. Code § 28-01-16 | The action does not accrue and the limitations period does not begin to run until the claimant knows, or with reasonable diligence should know, that a potential claim exists | Under 18: 1 year from when the victim turns 18. Insane/Prison: Statute of limitations is 1 year from when the disability is removed. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must provide written notice of claim within 180 days of injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. | None |
| Ohio | 2 years | Non-economic damages are capped at $250,000 or 3 times the economic damages, up to $350,000 per plaintiff and $500,000 per accident, except in cases of catastrophic injuries like severe physical deformities or injuries preventing self-care, where no cap applies. Punitive damages are capped at 2 times the amount of the compensatory damages. If the defendant is a small business over, punitive damages are capped at10% of the defendant’s net worth, up to a maximum of $350,000. | Ohio Rev. Code § 2305.10 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 18: Statute of limitations begins when the injured party turns 18. Incompetent: Statute of limitations begins when injured party is considered competent. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: 2 years with additional notice requirements. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. | 10 years unless the warranty is longer |
| Oklahoma | 2 years | Punitive damages are categorized into three levels: Category I caps at the greater of $100,000 or actual damages for reckless disregard; Category II at the greater of $500,000, twice the actual damages, or the financial benefit derived for intentional and malicious acts; and Category III, involving conduct that is life-threatening to humans, has no cap. | Okla. Stat. tit. 12 § 95 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 18: 1 year from when the injured party turns 18. Disability: Statute of limitations is 1 year from when injured party is considered competent. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must provide written notice of claim within 1 year from the date of injury. If claim is denied, you have 180 days to sue. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. | None |
| Oregon | 2 years | None | ORS § 30.905 | The statute of limitations begins when the person discovers, or reasonably should have discovered, both the injury and its causal link to the product or the defendant’s conduct. | Under 18: 1 year from when the injured party turns 18 or 7 years from the date of the accident, whichever occurs first. Disability: Statute of limitations is 1 year from when injured party is considered competent. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must provide written notice of claim within 180 of injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. | The statute of repose is either 10 years after the product’s first purchase or the expiration of the statute of repose in the state where the product was manufactured, whichever is later. |
| Pennsylvania | 2 years | None | 42 Pa. C.S. § 5524 | Under the discovery rule, the statute of limitations doesn’t run until the plaintiff knows or reasonably should know that he has been injured and that his injury has been caused by another party’s conduct | Under 18: Statute of limitations begins when the injured party turns 18. Incompetent: Statute of limitations begins when injured party is considered competent. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must file written notice within 6 months. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. | None |
| Rhode Island | 3 years | None | R.I. Gen. Laws § 9-1-14 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 18: Minors must file their claim by the time they turn 21. Disability/Mental Incompetence: Statute of limitations is 3 years from the removal of the disability. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Claims against the state must be filed within 3 years with no other notice requirements. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. | None |
| South Carolina | 3 years | Punitive damages are generally capped at the greater of 3 times the compensatory damages or $500,000. | S.C. Code § 15-3-530 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 18: Minors must file their claim within 1 year of turning 18. Insane: Statute of limitations is the earlier of 5 years from the date of injury (or discovery of the injury), or 1 year from the date they were declared sane. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Statute of limitations is 2 years from the date of the injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. | None |
| South Dakota | 3 years | None | S.D. Codified Laws § 15-2-12.2 | Under the discovery rule, the statute of limitations begins when the injury became known or reasonably should have been known to the injured party. | Under 18: Minors must file their claim within 1 year of turning 18. Mentally ill: Statute of limitations starts when the person is no longer legally disabled, but the claim can’t be filed moer than 5 years from the date of the injury. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must give written notice of your claim within 180 days of the injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. | None |
| Tennessee | 1 year | In most cases, non-economic damages are capped at $750,000, but this cap increases to $1,000,000 for catastrophic injuries; punitive damages are limited to the greater of 2 times compensatory damages or $500,000. | Tenn. Code § 28-3-104 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 18: The statute of limitations begins running once the injured minor turns 18. Incompetent: Statute of limitations begins when the injured person is declared competent. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. | The shorter of 10 years from the first purchase or use of the product, or 1 year after the product’s useful life has expired. |
| Texas | 2 years | Punitive damages are capped at the greater of 2x economic damages plus non-economic damages found by the jury (not to exceed $750,000) or, $200,000 | Tex. Civ. Prac. & Rem. Code § 16.003 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 18: The statute of limitations begins running once the injured minor turns 18. Unsound Mind: Statute of limitations begins when disability ends. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Claim must be filed within 6 months of the injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. | 15 years unless the manufacturer states the useful life is longer. |
| Utah | 2 years | None | Utah Code § 78B-6-706 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury and its cause. | Under 18: The statute of limitations begins running once the injured minor turns 18. Mentally Incompetent: Statute of limitations begins when disability ends. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Claim must be filed within 1 year of the injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. | None |
| Vermont | 3 years | None | Vt. Stat. tit. 12 § 512 | The limitations clock does not begin running until the plaintiff knows or should know of the injury and its cause | Under 18: The statute of limitations begins running once the injured minor turns 18. Mentally Incompetent: Statute of limitations begins when disability ends. Imprisoned: If the injured party is imprisoned, the statute if limitations is tolled during this time. Active Duty Military: If either party is active duty in the US military, the statute of limitations is tolled during this time. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. | None |
| Virginia | 2 years | Punitive damages are capped at $350,000 | Va. Code § 8.01-243 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 18: The statute of limitations begins running once the injured minor turns 18. Mentally Incompetent: Statute of limitations begins when disability ends. Obstruction by Defendant: The statute of limitations may be tolled while the defendant obstructs your ability to file a lawsuit. Government: 6 months to file a written notice of claim. | None |
| Washington | 3 years | None | Wash. Rev. Code § 7.72.060 | The limitations clock does not begin running until the plaintiff knows or should know of the injury and its cause | Under 18: The statute of limitations begins running once the injured minor turns 18. Mentally Incompetent: Statute of limitations begins when disability ends. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Imprisoned: If a defendant is imprisoned prior to sentence in a criminal case, the statute of limitations is tolled during this time. Government: Before you can sue the State of Washington, you first must file your claim with the Washington Department of Enterprise Services. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. | It is presumed that any injury occurring more than 12 years occurred after the product’s useful safe life had expired. |
| Washington, D.C. | 3 years | None | D.C. Code § 12-301 | The statute of limitations doesn’t run until the plaintiff has knowledge, or by the exercise of reasonable diligence should have knowledge, of the existence of his injury, the injury’s cause in fact, and some evidence of wrongdoing. | Under 18: The statute of limitations begins running once the injured minor turns 18. Mentally Incapacitated: Statute of limitations begins when disability ends. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Imprisoned: Statute of limitations is tolled while injured party is imprisoned. Government: Must file a notice of claim within 6 months of the injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. | None |
| West Virginia | 2 years | The cap for punitive damages is set at 4 times the amount of compensatory damages awarded or $500,000, whichever is greater. | W. Va. Code § 55-2-12 | A claim accrues when the plaintiff knows, or by the exercise of reasonable diligence should have known, of the elements of her possible cause of action | Under 18: The statute of limitations begins running once the injured minor turns 18. Mentally Incompetent: Statute of limitations begins when disability ends. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the. state. Government: Must file a notice of claim within 30 days of the injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. | None |
| Wisconsin | 3 years | Punitive damages are capped at the greater of twice the compensatory damages or $200,000. | Wis. Stat. § 893.54 | The statute of limitations begins to run when the potential plaintiff discovers the injury, or in the exercise of due diligence should have discovered the injury. | Under 18: 2 years from when the injured party turns 18. Mentally Ill: 2 years from when disability ends but can never file past 5 years. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Prison: Statute of limitations is tolled while injured party is in prison, but claim can never be filed past 5 years. Government: Must file a notice of claim within 120 days of the injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. | Strict liability claims must be filed within 15 years of the product’s manufacture date, with exceptions for latent diseases. |
| Wyoming | 4 years | None | Wyo. Stat. § 1-3-105 | The statute of limitations begins to run when the potential plaintiff knows or reasonably ought to know that some damage has resulted from the wrongful act. | Under 18: The statute of limitations is the longer of 3 years from when the injured party turns 18 and the standard statute of limitations. Mentally Ill: The statute of limitations is the longer of 3 years from when the injured party is no longer disabled or the standard statute of limitations. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must file a notice of claim within 2 years of the injury. | None |
Determining the Filing Deadline
According to the discovery rule, the statute of limitations is activated either at the moment the injury occurred or when the injured person discovered or should have discovered the injury.
This distinction is particularly significant in cases of latent injuries—instances where the harm is not immediately evident, such as asbestos exposure or injuries resulting from defective medical devices.
Establishing the exact moment of discovery can be complex, sometimes requiring the insight of a competent medical expert to determine when the injury occurred or when it should have been identified. This professional assessment is crucial in strengthening the case and ensuring sufficient notice is provided to the product manufacturer when filing suit.
Filing a Product Liability Claim
If you or a loved one has been injured by a defective item, it’s important to understand the steps to file a legal claim.
- Document the Injury and Defect: Begin by thoroughly documenting the injury and any property damage caused by the defective product. This written record will be helpful as you gather more evidence to support your claim.
- Understand the Limitations Period: The limitations period begins when the injury occurs or, according to the discovery rule, when the plaintiff discovers the injury. The statute of limitations for filing product liability claims is commonly two years, but this can vary depending on your state laws.
- Evaluate the Statute of Repose: In addition to the statute of limitations, the statute of repose applies a time limit based on the date of the product’s initial purchase or manufacturing. This means that, regardless of when the injury occurs, you may be unable to file a lawsuit if the repose period has expired.
- Seek Legal Assistance: Given the complexities associated with product liability cases, it can be beneficial to seek legal assistance. An experienced attorney can help you navigate the statute of limitations and statue of repose, ensuring you meet the specified filing period.
- File Your Claim: Once you have gathered all necessary documentation and consulted with a legal professional, you can proceed to file your claim. Remember that strict deadlines govern when you can initiate legal action, making timely action imperative.
Hiring a Product Liability Lawyer
An experienced product liability lawyer will assist in gathering essential evidence to support your claim. This involves compiling documentation, identifying witnesses, and consulting experts. Their expertise is crucial in presenting your case effectively, safeguarding your rights as a plaintiff.
Here’s how the team at Rosenfeld Injury Lawyers can help with your case:
Understanding Damages in Product Liability Cases: Understanding the types of damages available in a product liability case is vital. Compensatory damages may cover medical expenses, lost wages, and pain and suffering, while punitive damages may apply in instances of reckless conduct. An attorney can guide you on available damages and work to secure the maximum compensation.
Timely Evidence Preservation: Preserving evidence is critical for a product liability case. Retain the product, related packaging, manuals, and correspondence. Your legal representative will provide guidance on evidence preservation, as it significantly influences the strength of your claim and the legal process.
Your Next Steps
Taking timely action is crucial when dealing with product liability cases. The sooner you consult with a legal professional, the better your chance of protecting your rights and building a strong case.
A knowledgeable attorney from Rosenfeld Injury Lawyers can guide you through the complexities of product liability laws, helping to ensure that you receive the compensation you deserve for any injuries caused by defective consumer products.
Call us at (888) 424-5757 or complete our online contact form.
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All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.