If you’ve been injured by a defective product—whether it’s a faulty medical device, unsafe toy, malfunctioning car part, or contaminated food—you may be entitled to compensation through a product liability lawsuit. But like all civil claims, your right to sue is subject to a legal deadline known as the statute of limitations.

General Time Limits for Product Liability Lawsuits

The statute of limitations for product liability claims varies depending on the jurisdiction and the specific cause of action (e.g., negligence, strict liability, or breach of warranty).

Here’s a general breakdown by type:

• Negligence or Strict Liability:
  Most states and countries allow between 2 to 3 years from the date of injury.
• Breach of Warranty (express or implied):
  Often falls under contract law, with time limits ranging from 3 to 6 years, depending on local commercial codes.

U.S. State-by-State Examples

• California: 2 years from the date of injury
• New York: 3 years from the date of injury
• Texas: 2 years from the date of injury
• Florida: 4 years for negligence; 2 years for wrongful death
• Illinois: 2 years for personal injury; 5 years for property damage

European Examples

• UK: 3 years from the date the injury occurred or was discovered (under the Consumer Protection Act 1987)
• Germany: 3 years from the end of the year in which the claimant learned of the damage and liable party, with a long-stop limit of 10 years
• France: 3 years from when the claimant knew or should have known of the damage, with a 10-year cap from product availability
• Netherlands: 5 years from damage discovery; 10 years max from market release

When Does the Clock Start?

The clock usually starts ticking on the date of injury or the date you discovered (or should have discovered) the defect. This distinction is important, especially for:

• Latent injuries (e.g., long-term chemical exposure)
• Defects that aren’t immediately obvious (e.g., faulty airbag that fails years later)
• Medical devices or implants (e.g., complications discovered long after surgery)

Discovery Rule: A Crucial Exception

Many jurisdictions apply the discovery rule, which tolls (pauses) the statute of limitations until the plaintiff discovers the injury and its cause.

Example:

You receive a hip implant in 2020. It malfunctions in 2023, causing injury—but you don’t learn the device was defective until 2024. If your state follows the discovery rule, your time limit starts in 2024, not 2020.

Statutes of Repose: A Hidden Time Bomb

Separate from the statute of limitations, some jurisdictions impose a statute of repose, which sets a hard deadline based on the date the product was first sold or manufactured—regardless of when the injury occurs.

Example:

• A state may have a 10-year statute of repose.
• You buy a blender in 2013 and get injured in 2024.
• Even if your injury happened recently, you may be barred from suing because more than 10 years have passed since the blender was sold.

Statutes of repose are strict and usually not subject to tolling.

Special Situations That May Affect the Deadline

1. Injured Minors

Most jurisdictions toll the statute of limitations for minors until they turn 18. After that, the standard time limit begins.

2. Mental Incapacity

If the victim is mentally incapacitated, the deadline may be paused until capacity is regained.

3. Wrongful Death Claims

If a defective product causes death, the time limit is often shorter—typically 1 to 3 years from the date of death.

4. Government Entities

If the product was made or distributed by a public agency (e.g., public hospital equipment), shorter notice and filing deadlines may apply—sometimes within 6 months.

What If You Miss the Deadline?

If you try to file after the statute of limitations or statute of repose has expired, the defendant will likely file a motion to dismiss. Courts almost always grant it unless a rare exception applies.

How to Protect Your Right to Sue

• Act quickly: The sooner you seek legal advice, the better.
• Document everything: Keep purchase receipts, product manuals, and photos of the injury or defect.
• Preserve the product: Don’t throw away the defective item—it’s critical evidence.
• Track your symptoms: Maintain medical records and a timeline of events.
• Consult a product liability attorney: They can identify applicable deadlines and determine whether exceptions apply.

Bottom Line

The time limit for filing a product liability lawsuit depends on where you live, how you were injured, and when the injury was discovered. Most claims must be filed within 2 to 3 years, but exceptions and long-stop limits can make the deadline shorter or longer.

Because these rules can be complex—and missing the deadline can permanently bar your claim—it’s essential to speak with a legal professional as soon as you suspect a defective product has caused harm.