Statute of Limitations for Product Liability Claims
When a consumer purchases a product, they can expect it to work as intended, without causing any harm or injury. Unfortunately, injuries from defective products are not uncommon. When a defective product causes physical injuries and financial losses, victims have the right to file a product liability claim to pursue compensation for damages.
Individuals who are considering a product liability claim should be aware that they must act within a certain timeframe. Lawyer Daniel D. Moody urges individuals in Lakeland, FL, Winter Haven, FL, and surrounding areas to act quickly after an injury so the product liability statute of limitations does not run out and prevent them from pursuing the compensation they are due.
How Long Do I Have to File a Product Liability Claim?
Statutes of limitations for civil lawsuits are set on the state level, and they are dependent on the type of claim that is being filed. In Florida, the statute of limitations for a product liability claim is four years. The four-year countdown begins on the day the plaintiff is injured.
Are There Exceptions to the Statute of Limitations?
There are some situations in which a person may be able to file a product liability claim beyond four years from the date of the injury. Florida law allows for the discovery rule to be used in regards to a product liability claim. The discovery rule states that the statute of limitations countdown begins on the date the facts giving rise to the cause of action were (or should have been) discovered.
Essentially, the discovery law extends the statute of limitations to allow the plaintiff reasonable time to discover the cause of an injury. For instance, if someone becomes ill due to defective medication, they may not immediately realize the cause of their illness. Once the cause of the illness or injury is discovered, a claim must be filed within four years.
Statute of Repose
Florida further has a statute of repose that applies to products liability claims. Despite when an injury occurs or is discovered, if a product has an expected useful life of 10 years or less, a claim cannot be filed if harm was caused more than 12 years after the product’s delivery to its first purchaser.
Many people neglect to file a product liability claim within a timely manner because they do not realize how quickly time can go by. It takes a lot of time to explore the details of an injury related to a defective product and to gather the evidence necessary to substantiate a product liability claim. To ensure that the statute of limitations does not run out, injury victims should meet with a product liability lawyer as soon as possible following their injury.
If you have been injured by a defective product, you may be due financial compensation for the economic and non-economic damages related to the injury. To discuss your case with product liability lawyer Daniel D. Moody, contact our law firm online or call (863) 284-9090 and request a personal consultation at your earliest convenience.