Parker Waichman Alonso, LLP - www.statutes-of-limitations.com

Products Liability

ALABAMA

2 Years against original seller. Discovery rule applies to exposure to, or ingestion of, harmful substances. SOL is 1 year from when injury is, or should have been, discovered.

ALASKA

2 Years 2 Years with Discovery Rule

ARIZONA

2 Years

SOL: 2 Years

SOR: 12 years after product first sold for use or consumption unless cause of action is based on negligence of manufacturer or seller or breach of express warranty provided by manufacturer or seller.

ARKANSAS

3 Years 3 Years with Discovery Rule

CALIFORNIA

2 Years 2 Years with Discovery Rule

COLORADO

2 Years 2 Years with Discovery Rule

CONNECTICUT

3 Years 3 years with discovery rule, maximum 10 years from date manufacturer or seller last parted with possession of product. Exception: if plaintiff is non-employee and can prove that injury occurred during “useful, safe life” of product.

DELAWARE

2 Years 2 years from date injury sustained. Discovery Rule applies.

DISTRICT OF COLUMBIA

3 Years 3 Years with Discovery Rule

FLORIDA

4 Years

SOL: 4 years with Discovery Rule

Statute of Repose: 12 years except if plaintiff was exposed to product within repose period but injury did not manifest itself until after SOR expired, or there was an active concealment of defect. Under Florida law, fraudulent concealment requires the defendants to engage in the willful concealment of the cause of action using fraudulent means to achieve that concealment.

GEORGIA

SOL: 2 years with Discovery Rule or 1 year from date of death.
SOR: 10 Years.  Exceptions if product caused disease or birth defect or if defendant’s conduct was willful or wanton or if there was a failure to warn.

HAWAII

2 Years 2 Years with Discovery Rule

IDAHO

SOL: 2 Years from Date of Occurrence
SOR: 10 year rebuttable presumption but exceptions:
•    Intentional misrepresentation by defendant of product characteristics
•    Harm caused by prolonged exposure
•    Product’s harm would not have been discovered by reasonably prudent person within period of repose
•    Inadequate warnings after product first sold

ILLINOIS

SOL: 2 Years.  If injury occurred within 10-12 year period, 2 year discovery rule applies.  Maximum 8 years for injury or death.
SOR: 12 years from sale or 10 years from delivery to first owner, whichever occurred first.

INDIANA

2 Years SOL: 2 Years (regardless of age of injured party) with Discovery Rule
SOR: 10 years from date of delivery to consumer except if action accrues more than 8 years but not more than 10 years after delivery, then there is a 2 year maximum.

IOWA

2 Years 2 years (REGARDLESS OF THE AGE OF THE INJURED PARTY)

KANSAS

2 Years after “substantial injury” if the theory is negligence, within 2 years of “injury” if based on strict liability, with Discovery Rule

KENTUCKY

1 Year 1 Year with Discovery Rule.  Rebuttable presumption lies that product was not defective if injury, death, or property damage occurs more than 8 years after date of manufacture.

LOUISIANA

SOL: 1 year. The one-year statute of limitations does not run against minors (those under 18) in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing products liability actions in effect at the time of the injury.
Wrongful Death
SOL: 1 year

MAINE

6 Years 6 Years with Discovery Rule

MARYLAND

3 Years 3 years with Discovery Rule

MASSACHUSETTS

3 Years 3 years with Discovery Rule

MICHIGAN

3 Years 3 years with occurrence rule but if product in use for 10 years or more, plaintiff not given benefit of strict product liability.

MINNESOTA

4 Years 4 years from injury or termination of treatment with Discovery Rule

MISSISSIPPI

2 Years 2 years with Discovery Rule

MISSOURI

5 Years 5 years with Discovery Rule

MONTANA

3 Years 3 years with Discovery Rule

NEVADA

4 Years 4 years with Discovery Rule

NEW HAMPSHIRE

3 Years 3 years with Discover Rule but, if based on legal duty imposed by government, then 6 years from date defendant first incurred legal duty.
SOR, however, is 12 years from manufacture and sale.

NEW JERSEY

2 Years 2 years with Discovery Rule
NOTE: New Jersey is one of the states that counts the date of the occurrence or accident in the computation of the statute of limitations.

NEW MEXICO

3 Years 3 years with Discovery Rule.

NEW YORK

3 Years 3 years.

NORTH CAROLINA

6 Years 6 years maximum from date of initial purchase by consumer.

NORTH DAKOTA

10 Years 10 years after date of initial purchase for use or within 11 years of date of manufacture, except where manufacturer, distributor, or retailer, becomes aware of defect and fails to take reasonable steps to warn users of product defect. This SOL applies to minors.

OHIO

2 Years 2 years with Discovery Rule.

OKLAHOMA

2 Years 2 years with Discovery Rule

OREGON

SOL: 2 years with Discovery Rule
SOR: 8 years (but can equal 10 if plaintiff did not discover claim until year 8)

PENNSYLVANIA

2 Years 2 years with Discovery Rule.

RHODE ISLAND

3 Years 3 years with Discovery Rule

SOUTH CAROLINA

3 Years 3 years with Discovery Rule.

SOUTH DAKOTA

3 Years 3 years with Discovery Rule but 6 year SOR after purchase.

TENNESSEE

SOL: 1 year with Discovery Rule.
SOR: 6 years from date of injury or 10 years from date of first purchase.  1 year from expiration date of product purchase.  No tolling for fraudulent concealment.

 
Silicone breast implants: Maximum 25 years from implant or 4 years from discovery of injury.

TEXAS

2 years with Discovery Rule.

U.S. VIRGIN ISLANDS

2 Years 2 years

VERMONT

3 Years 3 years with Discovery Rule.

VIRGINIA

2 Years 2 years with Discovery Rule.

WASHINGTON

3 Years SOL: 3 years with Discovery Rule.
SOR: 12 years (Rebuttable presumption of useful life of product)

WEST VIRGINIA

2 Years 2 years with Discovery Rule.

WISCONSIN

3 Years 3 years with Discovery Rule.

WYOMING

4 Years 4 years with Discovery Rule.