Every legal claim has a time limit for filing. Statutes of limitations bar claims filed after deadlines expire, no matter how strong the case. Understanding applicable deadlines—and exceptions that may extend them—is essential for preserving your right to compensation for product injuries.

Basic Limitation Periods

Product liability claims are subject to statutes of limitations that vary by state and legal theory. Most states allow two to four years for personal injury claims, though some are shorter (one year in Kentucky and Louisiana) or longer.

Different legal theories may have different deadlines:

  • Negligence claims follow personal injury statutes (typically 2-4 years)
  • Strict liability claims may have the same or different periods
  • Breach of warranty claims fall under commercial code statutes (often 4 years from sale)
  • Wrongful death claims often have separate, sometimes shorter, deadlines

When Does the Clock Start?

Limitations periods generally begin when the cause of action accrues—typically when injury occurs. However, the discovery rule may delay accrual until you knew or should have known about your injury and its cause.

The discovery rule recognizes that some injuries aren't immediately apparent, and some causes aren't immediately discoverable. You shouldn't lose your claim because a latent defect caused harm you couldn't have discovered within the normal limitations period.

Statutes of Repose

Statutes of repose impose absolute deadlines measured from product sale or manufacture, regardless of when injury occurs. These statutes can bar claims for injuries from older products even if you file immediately after injury.

For example, a state with a 10-year statute of repose would bar claims for injuries caused by products sold more than 10 years earlier, even if the injury just occurred and the normal statute of limitations hasn't run.

Not all states have statutes of repose for products, and those that do vary in their time periods (typically 6-15 years).

Tolling and Exceptions

Various circumstances can toll (pause) limitations periods:

Minority: Statutes typically don't run against minors until they reach adulthood. Children injured by defective products may have until several years after turning 18 to file.

Mental incapacity: Limitations may be tolled for plaintiffs who are mentally incapacitated and unable to manage their affairs.

Defendant absence: If the defendant is absent from the state or conceals their identity, limitations may be tolled.

Fraudulent concealment: When defendants actively conceal defects or their responsibility, limitations may be tolled until discovery.

Multiple Defendants, Multiple Deadlines

Product liability cases often involve multiple defendants—manufacturers, component makers, distributors, and retailers. Different deadlines may apply to different defendants, particularly when warranty claims with commercial code deadlines combine with tort claims.

Don't assume that meeting one deadline means all claims are preserved. Each defendant and each legal theory must be evaluated separately.

Government Defendants

Claims involving government entities (injuries from government vehicles, government-purchased equipment, etc.) have special notice requirements. Government tort claim notices may be required within 30 to 180 days—far shorter than normal limitations periods.

Failing to provide timely government notice can bar your claim even if the normal statute of limitations hasn't run.

Protecting Your Rights

Consult an attorney immediately after any product injury. Don't assume you have plenty of time—some deadlines are surprisingly short, and determining which apply requires legal analysis.

Factors affecting your deadline include what state's law applies (which may not be where you live), what legal theories are viable, whether any tolling doctrines apply, whether government defendants are involved, and whether any defendant-specific notice requirements exist.

Waiting to see how injuries develop or trying to negotiate directly with manufacturers wastes precious time. You can always dismiss a filed claim if you resolve matters, but you cannot file after limitations expire.

Consequences of Missing Deadlines

Missing the statute of limitations usually results in permanent dismissal of your claim. Courts strictly enforce these deadlines with very limited exceptions. No matter how strong your case or how serious your injuries, late filing typically means no recovery.

Don't let deadlines destroy a valid claim. Act promptly and consult qualified legal counsel immediately after any product-related injury.