Statutes of Limitation and Repose

Applicable limitations periods which govern the time within  which a lawsuit must be filed for Product Liability Claims vary by jurisdiction. There are also Statutes of Limitation which apply in general  to Injury Claims, and Wrongful Death Claims.  There may also be specific Statutes of Repose, which bars products liability actions after a specific number of years based on the age of a product  which run from  when a product is first purchased by a consumer or date of manufacture.

Under Florida Law (Fla. Stat. § 95.11) the Statute of Limitation for tort or injury claims in general requires that a lawsuit be filed  within 4 years  from the date of the incident. For Wrongful Death Claims, the lawsuit must be filed within 2 years of the date of death.

Under Florida Law there is also a Statute of Repose (Fla. Stat. 95.031(2)) which bars products liability actions 12 years after a product with an “expected useful life” of 10 years or less is first purchased by a consumer.  Some products that are not included in the 10 year “expected useful life” provision are commercial aircrafts, trains, and vessels  which are 100 tons or heavier.  These excluded  products have a 20 year  “expected  useful life”.  Products which have  specific warranties longer than the period prescribed by the Statute of Repose have an “expected useful life” which is equal to the length of the warranty period. The Statute of Repose may be tolled if the manufacturer knew of  and concealed a defect. In addition, the Statute of Repose may also be tolled if an injury was caused by the defect within the 12 year period, however the injury was not reasonably discovered, until after the repose period has expired.

Types of Product Liability Cases We Handle

 

Statutes of Limitation & Repose

 

Types of Product Defects

 

Medication & Medical Product Liability

 

Dangerous Medications

 

Dangerous Medical Devices & Products

 

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