The period is fixed within which the claim should be filed within the specific period decided by each state. These claims are based on negligence, strict liability, and contract and should be commenced within a specific period. For example, in Florida, a claim for the product liability should be filed within four years from the date of injury to the person caused due to a defective product.
The statute of limitations for product liability claims varies by state. There is no one-year statute of limitations for defective product claims in any state. Many states have a two-year limit, some have a three-year limit, while a few states have four-year or longer limits. Statute of limitation for product liability has a different period for different states as laws in each state differ. There are two parties in it, namely “Plaintiff” and “Defendant.”
Explanation Of Statute Of Limitations
State laws define some requirements that must be fulfilled for filing civil lawsuits in any state. Each lawsuit has a specific period in which the suit should be filled, and that period is dependent on the type of case filed or personal injury, medical malpractices, or any wrongful death.
For instance, in filing a lawsuit for medical malpractices in Pennsylvania, the statute of limitation is for two years. For filling suit for product liability in Michigan, the statute of limitation is three years. There are also some possibilities of filling the suit after this limitation of the period only in the late discovery of injury or harm.
A certificate of merit is also required in some of the laws of the state. In Pennsylvania, the requirement of a Certificate of merit is a must before filing the lawsuit. Certificate of merit states the information regarding the injury or harm and its genuineness by a licensed medical professional. It states that the medical professional has roughly reviewed the whole case and its probable product failure.
Time Frame For Filling The Product Claim And Parties Of Lawsuit
The time frame is different for a lawsuit of different states. Each state has its laws and regulations regarding different suits. For product liability, the time limit is three years in Michigan state, while in Florida, the case must be filed within four years from the date of injury or harm due to product defect.
The following are the two parties of lawsuits in product liability lawsuits:
Plaintiff: The plaintiff in a product liability lawsuit is that person who is being injured or harmed due to the product’s defect. There is also a possibility of having the legal entity as a plaintiff, such as any business or company. The chances or circumstances are very for any legal entity as a plaintiff. Loss of consortium could be filed by any immediate family of the injured person as the plaintiff.
Defendant: Defendant in case of product liability may be one or more; thus, multiple defendants could be there. Anyone related to the production of the product could be the defendant. Therefore, in a product liability lawsuit, the defendant could be a manufacturer, designer, assembler, or inspection person whose negligence the person is being harmed or injured.
Basis For Liability And Various Other Defenses To Product Liability
Liability for the defective product that could harm or injured the person are two that are as below:
The first is the determination of product liability by focusing on the product.
The second one is the negligence done by the manufacturer, seller, or distributor of the defective or harmful product.
The product could be defective or harmful due to the following reasons:
Defective material used
Thus, these were some of the reasons behind the defects of a particular product that will result in a product liability lawsuit.
It is very important to find out the correct person responsible for such negligence that results in producing and selling harmful or defective products. These were some basics that must be known before filing any lawsuit for product liability statute of limitations.
Various defenses to product liability are as below:
Statute of limitations
Contributory negligence 1. Misuse 2. Assumption of risk 3. Alteration
Failure of mitigate
Intervening or superseding negligence
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