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Statutes of Limitations and Statutes of Repose in Defective Product Cases
Time limits can make or break a defective product case. Consumers often have only a narrow window to file a lawsuit, and these deadlines vary widely depending on the state, the type of claim, and when the injury was discovered. Many states also impose a separate statute of repose, which can bar claims even when the consumer had no way to know the product was dangerous. Clark Fountain helps injured clients nationwide navigate these complex timing rules so their claims are filed before time runs out.
- What is a statute of limitations in a defective product case?
A statute of limitations is the legal deadline for filing a lawsuit after an injury caused by a defective product. If you miss this deadline, you usually lose the right to pursue compensation, no matter how strong the evidence of defect or corporate wrongdoing may be. Acting quickly is essential because product liability cases require early investigation and expert involvement.
- How many years do I typically have to file a defective product lawsuit?
Most states give injured consumers between two and four years to file a claim. Some states allow more time, and a few allow special extensions for latent injuries. No state provides less than one year for product injury claims. Because deadlines vary widely, Clark Fountain evaluates the specific jurisdiction involved in each case to determine the exact time frame.
- When does the clock start running on the statute of limitations?
In many states, the limitations period begins when you discover, or reasonably should have discovered, both the injury and the possibility that it was caused by a defective product. This rule is particularly important in cases involving toxic exposures, medical devices, faulty implants, or latent mechanical failures that cause symptoms months or years after first use.
- What if I only realized later that a product caused my injury?
Many jurisdictions follow a discovery rule that postpones the start of the limitations period until diagnosis or reasonable discovery. However, courts also expect consumers to act diligently once symptoms appear. Even with the discovery rule, delay can jeopardize the claim. Early legal guidance from Clark Fountain helps ensure that your deadline is calculated correctly and your case is preserved.
- What is a statute of repose in product liability cases?
A statute of repose is a separate, hard deadline that bars product liability claims after a fixed number of years from the product’s first sale or manufacture. These time limits often range from eight to twelve years. Unlike statutes of limitations, statutes of repose do not depend on when the injury was discovered. Even hidden defects can be barred if the product is older than the repose period.
- Why do statutes of repose create challenges for defective product cases?
Statutes of repose can eliminate valid claims involving long-lasting products such as vehicles, appliances, industrial equipment, medical devices, and building materials. A consumer may be severely injured by a defect in year fifteen, but if the state has a twelve year repose period, the claim could be barred even if the defect was unknown and unavoidable. Clark Fountain evaluates the age and history of the product immediately to avoid losing claims to these strict deadlines.
- Why should I talk to a local product liability lawyer about my deadline?
Every state has its own statutes of limitations and repose, along with special rules for minors, government defendants, fraudulent concealment, and continuing injury. A lawyer who understands the state specific laws and procedural requirements can calculate your exact deadline and make sure your claim is filed on time. Clark Fountain works with local counsel nationwide and has extensive experience navigating multi-state timing issues.
- Why is it risky to wait before speaking with a lawyer?
Waiting can result in lost evidence, expired deadlines, and weakened claims. Defective product cases often require inspection of the product, preservation of components, testing by engineers, and early access to corporate records. Delays can make this evidence unavailable. Contacting Clark Fountain early gives your legal team the time needed to preserve your rights and build a strong case.
