Products Liability

ALABAMA
2 Years

All actions for any injury to the person or rights of another not arising from contract and not specifically enumerated in this section must be brought within two years. Ala. Code § 6-2-38 (l We hold that Ala.Code 1975, § 6-2-38(l ), the catch-all provision, imposing a two-year limitations period on actions seeking damages for personal injury, is applicable in [product liability actions]. Etheredge v. Genie Indus., Inc., 632 So. 2d 1324, 1327 (Ala. 1994)

Discovery:

A cause of action accrues only when there is a manifest, present injury. Griffin v. Unocal Corp., 990 So.2d 291, 293 (Ala. 2008) citing Cline v. Ashland, Inc., 970 So.2d 755, 761 (Ala. 2007).

ALASKA
2 Years

Except as otherwise provided by law, a person may not bring an action (1) for libel, slander, assault, battery, seduction, or false imprisonment, (2) for personal injury or death, or injury to the rights of another not arising on contract and not specifically provided otherwise; (3) for taking, detaining, or injuring personal property, including an action for its specific recovery; (4) upon a statute for a forfeiture or penalty to the state; or (5) upon a liability created by statute, other than a penalty or forfeiture; unless the action is commenced within two years of the accrual of the cause of action. Alaska Stat. Ann. § 09.10.070.

Discovery:

The statute of limitations does not begin to run until the plaintiff discovers, or reasonably should have discovered, the existence of all elements essential to the cause of action. John's Heating Service v. Lamb, 46 P.3d 1024, 1031-31 (Alaska 2002).

ARIZONA
2 Years

Except as provided in § 12-551 there shall be commenced and prosecuted within two years after the cause of action accrues, and not afterward, the following actions:

1. For injuries done to the person of another including causes of action for medical malpractice as defined in § 12-561. Ariz. Rev. Stat. Ann. § 12-542

Discovery:

The cause of action accrues when the plaintiff discovers or by the exercise of reasonable diligence should have discovered that he or she has been injured by a particular defendant's negligent conduct. Lawhon v. L.B.J. Institutional Supply, Inc., 765 P. 2d 1003, 1007 (Ct. App. 1988).

ARKANSAS
3 Years

All product liability actions shall be commenced within three (3) years after the date on which the death, injury, or damage complained of occurs. Ark. Code Ann. § 16-116-103

Discovery:

The statute of limitations does not commence running until the plaintiff knew or, by the exercise of reasonable diligence, should have discovered the causal connection between the product and the injuries suffered. Martin v. Arthur, 339 Ark. 149, 159 (1999).

CALIFORNIA
2 Years

Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another. Cal. Civ. Proc. Code § 335.1

Discovery:

Discovery rule applies to personal injury actions. See Fox. v. Ethicon Endo-Surgery, Inc., 35 Cal.4th 797, 110 P.3d 914, (Cal., 2005); See Norgart v. Upjohn Co., 21 Cal.4th 383, 405 (1999).

COLORADO
2 Years

(1) The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, shall be commenced within two years after the cause of action accrues, and not thereafter:
(b) All actions for strict liability, absolute liability, or failure to instruct or warn; Colo. Rev. Stat. Ann. § 13-80-102

Discovery:

(1) Except as provided in subsection (12) of this section, a cause of action for injury to person, property, reputation, possession, relationship, or status shall be considered to accrue on the date both the injury and its cause are known or should have been known by the exercise of reasonable diligence. Colo. Rev. Stat. Ann. § 13-80-108.

Claim for relief for product liability does not accrue until the plaintiff knows, or should know, in the exercise of reasonable diligence, all materials facts essential to show the elements of that cause of action. Miller v. Armstrong World Industries, Inc., 817 P.2d 111, 113 (Colo. 1991).

CONNECTICUT
3 Years

(a) No product liability claim, as defined in section 52-572m, shall be brought but within three years from the date when the injury, death or property damage is first sustained or discovered or in the exercise of reasonable care should have been discovered, except that, subject to the provisions of subsections (c), (d) and (e) of this section, no such action may be brought against any party nor may any party be impleaded pursuant to subsection (b) of this section later than ten years from the date that the party last parted with possession or control of the product. Conn. Gen. Stat. Ann. § 52-577a

Discovery:

No product liability claim shall be brought but within three years from the date when the injury, death or property damage is first sustained or discovered or in the exercise of reasonable care should have been discovered. Conn. Gen. Stat. § 52-577a(a) and Collin v. Securi Intern, 322 F.Supp. 2d 170, 173 (D. Conn. 2004).

Statue of Repose - (a) No product liability claim, as defined in section 52-572m, shall be brought but within three years from the date when the injury, death or property damage is first sustained or discovered or in the exercise of reasonable care should have been discovered, except that, subject to the provisions of subsections (c), (d) and (e) of this section, no such action may be brought against any party nor may any party be impleaded pursuant to subsection (b) of this section later than ten years from the date that the party last parted with possession or control of the product. Conn. Gen. Stat. Ann. § 52-577a

DELAWARE
2 Years

No action for the recovery of damages upon a claim for alleged personal injuries shall be brought after the expiration of 2 years from the date upon which it is claimed that such alleged injuries were sustained; subject, however, to the provisions of § 8127 of this title. Del. Code Ann. tit. 10, § 8119

Discovery:

The statute of limitations does not begin to run until a party knows or has reason to know that he/she has been injured. Morton v. Sky Nails, 884 A.2d 480, 481 (Del. 2005).

DISTRICT OF COLUMBIA
3 Years

Except as otherwise specifically provided by law, actions for the following purposes may not be brought after the expiration of the period specified below from the time the right to maintain the action accrues:
(8) for which a limitation is not otherwise specially prescribed -- 3 years. D.C. Code § 12-301

Discovery:

The statute of limitations will not run until plaintiffs know or reasonably should have known that they suffered injury due to the defendants' wrongdoing. Doe v. Medlantic Health Care Group, Inc., 814 A. 2d 939, 945 (D.C. Ct. App. 2003).

FLORIDA
4 Years

Actions other than for recovery of real property shall be commenced as follows:
(3) Within four years.--
(e) An action for injury to a person founded on the design, manufacture, distribution, or sale of personal property that is not permanently incorporated in an improvement to real property, including fixtures.
(p) Any action not specifically provided for in these statutes. Fla. Stat. Ann. § 95.1

Discovery:

Actions for products liability must be begun within four years from the time facts giving rise to the cause of action were actually discovered by the claimant or should have been discovered by the claimant with the exercise of due diligence, whichever is earlier. Carter v. Brown & Williamson Tobacco Corp., 778 So. 2d. 932, 936 (Fl. 2000).

Statute of Repose- (b) An action for products liability under s. 95.11(3) must be begun within the period prescribed in this chapter, with the period running from the date that the facts giving rise to the cause of action were discovered, or should have been discovered with the exercise of due diligence, rather than running from any other date prescribed elsewhere in s. 95.11(3), except as provided within this subsection. Under no circumstances may a claimant commence an action for products liability, including a wrongful death action or any other claim arising from personal injury or property damage caused by a product, to recover for harm allegedly caused by a product with an expected useful life of 10 years or less, if the harm was caused by exposure to or use of the product more than 12 years after delivery of the product to its first purchaser or lessee who was not engaged in the business of selling or leasing the product or of using the product as a component in the manufacture of another product. All products, except those included within subparagraph 1. or subparagraph 2., are conclusively presumed to have an expected useful life of 10 years or less. Fla. Stat. Ann. § 95.031

GEORGIA
2 Years

Actions for injuries to the person shall be brought within two years after the right of action accrues, except for injuries to the reputation, which shall be brought within one year after the right of action accrues, and except for actions for injuries to the person involving loss of consortium, which shall be brought within four years after the right of action accrues. Ga. Code Ann. § 9-3-33

 Discovery:

Plaintiff's cause of action did not accrue and the statute of limitations did not run against him until he knew or through the exercise of reasonable diligence should have discovered not only the nature of his injury but the causal connection between his injury and the alleged negligence conduct of defendant. See King v. Seitzingers, Inc., 160 Ga.App. 287 S.E.2d 252 (Ga. Ct. App. 1981). 

HAWAII
2 Years

Actions for the recovery of compensation for damage or injury to persons or property shall be instituted within two years after the cause of action accrued, and not after, except as provided in section 657-13. Haw. Rev. Stat. § 657-7

Discovery:

Plaintiff's tort claim accrues, for statute of limtiations purposes, when the palintiff discovers, or through the use of reasonable diligence should have discovered, the negligent act, the damage, and the causal connection between the two.

IDAHO
2 Years

"… within one (1) year following the date of accrual as aforesaid or two (2) years following the occurrence, act or omission complained of…" Idaho Code Ann. § 5-219

Discovery:

A cause of action accrues when some damage relating to a wrongful act or omission becomes objectively ascertainable, such that objective proof would support the existene of actual injury. See Blade v. Richard B. Smith, Inc., 141 Idaho 296 (2005); See also Conway v. Suntag, 141 Idaho 144 (2005). 

Statute of Repose - (2) Statute of repose.
(a) Generally. In claims that involve harm caused more than ten (10) years after time of delivery, a presumption arises that the harm was caused after the useful safe life had expired. This presumption may only be rebutted by clear and convincing evidence.
4. The ten (10) year period of repose established in subsection (2)(a) hereof shall not apply if the harm was caused by prolonged exposure to a defective product, or if the injury-causing aspect of the product that existed at the time of delivery was not discoverable by an ordinary reasonably prudent person until more than ten (10) years after the time of delivery, or if the harm, caused within ten (10) years after the time of delivery, did not manifest itself until after that time. Idaho Code Ann. § 6-1403

ILLINOIS
2 Years

§ 13-202. Personal injury--Penalty. Actions for damages for an injury to the person, or for false imprisonment, or malicious prosecution, or for a statutory penalty, or for abduction, or for seduction, or for criminal conversation, except damages resulting from first degree murder or the commission of a Class X felony and the perpetrator thereof is convicted of such crime, shall be commenced within 2 years next after the cause of action accrued but such an action against a defendant arising from a crime committed by the defendant in whose name an escrow account was established under the “Criminal Victims' Escrow Account Act”1 shall be commenced within 2 years after the establishment of such account. If the compelling of a confession or information by imminent bodily harm or threat of imminent bodily harm results in whole or in part in a criminal prosecution of the plaintiff, the 2-year period set out in this Section shall be tolled during the time in which the plaintiff is incarcerated, or until criminal prosecution has been finally adjudicated in favor of the above referred plaintiff, whichever is later. However, this provision relating to the compelling of a confession or information shall not apply to units of local government subject to the Local Governmental and Governmental Employees Tort Immunity Act. 735 ILCS 5/13-202

Discovery:

The statute of limitations starts running “when a person knows or reasonably should know of his injury and also knows or reasonably should know that it was wrongfully caused.” It starts to run if plaintiff has sufficient information to put a reasonable person on inquiry to determine whether actionable conduct is involved. 735 Ill. Comp. Stat. 5/13-213/ " the plaintiff may bring an action within 2 years after the date on which the claimant knew, or through the use of reasonable diligence should have known, of the existence of the personal injury, death or property damage, but in no event shall such action be brought more than 8 years after the date on which such personal injury, death or property damage occurred. In any such case, if the person entitled to bring the action was, at the time the personal injury, death or property damage occurred, under the age of 18 years, or under a legal disability, then the period of limitations does not begin to run until the person attains the age of 18 years, or the disability is removed." Per conversation with attorney, this liberal discovery statute for Illinois begins to run when the plaintiff is put on notice or reasonably should be on notice that the product is causing his injury.

Failure of chemical manufacturers and suppliers to provide safe product or to provide adequate warning of dangers of using product was continuing tort and, therefore, worker's products liability claim against manufacturers and suppliers accrued on date when he last faced chemical exposure, though it was possible that worker knew or should have known earlier that his deteriorating physical condition was or could have been caused by exposure to product.  Meadows v. Union Carbide Corp., 710 F.Supp. 1163 (N.D. Ill. 1989).

Illinois “continuing tort” doctrine did not apply to the one-time installation of temporomandibular joint implants, for limitations purposes in products liability actions against supplier of materials used in those implants.  Ganousis v. E.I. du Pont de Nemours & Co., 803 F.Supp. 149 (N.D. Ill.1992).

In cases involving a disease resulting from neglect, negligence or defective product, cause of action accrues and statute of limitations begins to run when diseased party discovered or should have discovered that he is ill as result of some neglect or negligence on part of another party or as result of being wrongfully exposed to a defective product.  McDonald v. Reichold Chemicals, Inc., 133 Ill.App.2d 780 (1971).

Two-year limitations period applicable to patient's products liability claim against manufacturer of pain pump installed in her shoulder during orthopedic surgery did not begin to run until patient knew or should have known that the destruction of cartilage in her shoulder joint might have been wrongfully caused by the pain pump, even though patient brought a timely medical malpractice suit against physician who performed the surgery within two years of her injury, where plaintiff did not discover that she might have a products liability claim until years later.  Mitsias v. I-Flow Corp. 355 Ill.Dec. 66 (2011). 

 

Statute of Repose - (b) Subject to the provisions of subsections (c) and (d) no product liability action based on any theory or doctrine shall be commenced except within the applicable limitations period and, in any event, within 12 years from the date of first sale, lease or delivery of possession by a seller or 10 years from the date of first sale, lease or delivery of possession to its initial user, consumer, or other non-seller, whichever period expires earlier, of any product unit that is claimed to have injured or damaged the plaintiff, unless the defendant expressly has warranted or promised the product for a longer period and the action is brought within that period. 735 ILCS 5/13-213

INDIANA
2 Years

Except as provided in section 2 of this chapter, a product liability action must be commenced:
(1) within two (2) years after the cause of action accrues; or
(2) within ten (10) years after the delivery of the product to the initial user or consumer.
However, if the cause of action accrues at least eight (8) years but less than ten (10) years after that initial delivery, the action may be commenced at any time within two (2) years after the cause of action accrues. Ind. Code Ann. § 34-20-3-1

Discovery:

Two-year statute of limitations applicable to product liability actions begins to run from the date the plaintiff knew or should have discovered that she suffered an injury or impingement, and that it was caused by the product of another.  Degussa Corp. v. Mullens, 744 N.E.2d 407 (Ind. 2001). Once a potential products liability plaintiff's doctor expressly informs the plaintiff that there is a “reasonable possibility, if not a probability” that an injury was caused by a product, then the statute of limitations begins to run and the issue may become a matter of law. Id.

Although events short of a doctor's diagnosis can provide a plaintiff with evidence of a reasonable possibility that another's product caused his or her injuries, a plaintiff's mere suspicion or speculation that another's product caused the injuries is insufficient to trigger the two-year statute of limitations applicable to product liability actions. Id.

Under Indiana law, discovery rule was limited to cases in which injury to plaintiff was caused by disease which might have been contracted as result of protracted exposure to foreign substance and did not extend to products liability action stemming from alleged defects in seatbelt and fuel markings of passenger airplane.  Alexander v. Beech Aircraft Corp., 952 F.2d 1215. (D. Ind. 1991).


Statute of Repose - (b) Except as provided in section 2 of this chapter, a product liability action must be commenced:
(1) within two (2) years after the cause of action accrues; or
(2) within ten (10) years after the delivery of the product to the initial user or consumer.
However, if the cause of action accrues at least eight (8) years but less than ten (10) years after that initial delivery, the action may be commenced at any time within two (2) years after the cause of action accrues. Ind. Code Ann. § 34-20-3-1  

IOWA
2 Years

Injuries to person or reputation--relative rights--statute penalty. Those founded on injuries to the person or reputation, including injuries to relative rights, whether based on contract or tort, or for a statute penalty, within two years. Iowa Code Ann. § 614.1

Discovery:

“Discovery rule” protects plaintiffs who were unaware of accrual of claim and could not have been aware of it in exercise of reasonable diligence.  Roth v. G.D. Searle & Co., 27 F.3d 1303 (8th Cir. 1994).

Discovery rule, when applicable, commences period of limitations to run from later of date of discovery or date when, by exercise of reasonable diligence, plaintiff should have discovered wrongful act. Brown v. Ellison, 304 N.W.2d 197 (Iowa 1981).

Under discovery rule, injured party's duty to investigate does not depend on exact knowledge of nature of problem causing injury; party need only be aware that problem existed. Franzen v. Deere and Co., 377 N.W.2d 660, 662 (Iowa 1985). Per conversation with attorney, this conservative statute means that the plaintiff is on notice when he or she discovers an injury.

KANSAS
2 Years

 The following actions shall be brought within two years:
(4) An action for injury to the rights of another, not arising on contract, and not herein enumerated. Kan. Stat. Ann. § 60-513

Discovery:

The cause of action accrues until the act giving rise to the cause of action first causes subtantial injury, or if the fact of injury is not reasonably ascertainable until some time after the intial act, then the period of limitation shall not commence until the fact of injruy becomes reasonably ascertainable to the injured party. Id. § 60-513(b).

Under Kansas law, limitations period for personal injury action commences when fact of injury becomes reasonably ascertainable to injured party, not when injured party has knowledge of fact of injury. Burton v. R.J. Reynolds Tobacco Co., 181 F.Supp.2d 1256 (10th Cir. 2002).

Secretary who developed repetitive stress injuries did not file negligence and products liability action against keyboard manufacturers within Kansas' two-year statute of limitations; though she may not have become aware of the possibility that defendants' negligence could have caused her injuries until as late as the year she filed suit, she knew five years earlier that injuries were associated with excessive typing on defendants' keyboards, and statute of limitations commenced running at that time. Benne v. International Business Machines Corp., 87 F.3d 419 ( 10th Cir. 1996). 

KENTUCKY
1 Year

(1) The following actions shall be commenced within one (1) year after the cause of action accrued:
(a) An action for an injury to the person of the plaintiff, or of her husband, his wife, child, ward, apprentice, or servant; Ky. Rev. Stat. Ann. § 413.140

Discovery:

When an injury does not manifest itself immediately the cause of action should accrue when the plaintiff knew or should have known that he had been injured by the conduct of the tortfeasor.

Statute of Repose - (1) In any product liability action, it shall be presumed, until rebutted by a preponderance of the evidence to the contrary, that the subject product was not defective if the injury, death or property damage occurred either more than five (5) years after the date of sale to the first consumer or more than eight (8) years after the date of manufacture.
(2) In any product liability action, it shall be presumed, until rebutted by a preponderance of the evidence to the contrary, that the product was not defective if the design, methods of manufacture, and testing conformed to the generally recognized and prevailing standards or the state of the art in existence at the time the design was prepared, and the product was manufactured. Ky. Rev. Stat. Ann. § 411.310

LOUISIANA
1 Year

Delictual actions are subject to a liberative prescription of one year. This prescription commences to run from the day injury or damage is sustained. It does not run against minors or interdicts in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing product liability actions in effect at the time of the injury or damage. La. Civ. Code Ann. art. 3492

Discovery: 

In cases where injury or damage is not immediately apparent, prescription does not begin to run under the Louisiana Products Liability Act (LPLA) until a reasonable plaintiff would become aware of the connection between her condition and the defendant's alleged tortious actions, that is, until the plaintiff knows or should reasonably know that she has suffered damages.  Guidry v. Aventis Pharmaceuticals, Inc., M.D.La.2006, 418 F.Supp.2d 835.

Prescriptive period on claim under Louisiana Products Liability Act (LPLA), for injuries patient allegedly suffered as result of taking drug for treatment of rheumatoid arthritis, began to run when doctor told her to stop using drug because it could be causing her gastrointestinal problems, not when her spouse subsequently became aware from Internet article of possible connection between drug and liver problems. Id.

Prescriptive period applicable to plaintiff's products liability claim against manufacturer and retailer of extended-wear contact lenses did not begin to run until plaintiff read magazine article which indicated that her wearing of extended-wear contact lenses may have caused eye infection and permanent damage to her vision, notwithstanding plaintiff's knowledge that contact lens use in general could cause infection. Hoerner v. Wesley-Jensen, 684 So. 2d 508 (La. App. 4 Cir. 1996).

Even though exact nature of automobile defect was not ascertained until automobile owner read newspaper article describing transmission design defects, manner in which automobile accident had occurred and continuous trouble owner had with cruise control and braking systems up to time of accident constituted notice sufficient to commence prescriptive period.  Moran v. Volkswagen of America, Inc., 519 So.2d 871 (La. App. 4 Cir. 1998). 

MAINE
6 Years

All civil actions shall be commenced within 6 years after the cause of action accrues and not afterwards, except actions on a judgment or decree of any court of record of the United States, or of any state, or of a justice of the peace in this State, and except as otherwise specially provided. Me. Rev. Stat. tit. 14, § 752

Discovery:

The Maine Supreme Court has limited the application of the discovery rule to three discrete areas: legal malpractice, foreign object and negligent diagnosis medical malpractice, and asbestosis. The question will become whether we can prove that this is a foreign object; otherwise no discovery. Johnston v. Dow & Colombe, Inc., 686 A.2d. 1064, 1066 (Me. 1996) (citing Bozzuto v. Ouellette, 408 A.3d 697, 699 (Me. 1979)).

Courts will look to the following four factors to determine whetehr the discovery rule should apply. (1) the natureo f hte relationship between the plaintiff and the defendant; (2) the magnitude of the loss or harm; (3) the plaintiff's inability to discover that he had been wronged within teh applicable limitations period; and to a lesser degree, (4) the existence of corroborating evidence. McAfee v. Cole, 637 A.2d 463 (Me. 1994).

MARYLAND
3 Years

A civil action at law shall be filed within three years from the date it accrues unless another provision of the Code provides a different period of time within which an action shall be commenced. Md. Code Ann., Cts. & Jud. Proc. § 5-101

Discovery:

“Under Maryland ‘discovery rule,’ a cause of action in negligence or strict liability accrues once a plaintiff knows or should know he or she has been wronged. Md. Code Ann., Cts. & Jud. Proc. § 5-101

Maryland's discovery rule tolls accrual of three year limitations period for civil matters until time plaintiff discovers, or through exercise of due diligence, should have discovered, the injury.  Chesapeake Bay Foundation, Inc. v. Weyerhaeuser Co., 848 F.Supp.2d 570 (D. Maryland 2012).

Under Maryland's discovery rule, implied actual notice, for purposes of accrual of cause of action in civil matter, arises where party to be charged is shown to have had knowledge of such facts and circumstances as would lead him, by the exercise of due diligence, to a knowledge of the principal fact; implied actual notice contemplates awareness implied from knowledge of circumstances which ought to have put a person of ordinary prudence on inquiry with notice of all facts which such an investigation would in all probability have disclosed if it had been properly pursued. Id.

Under Maryland's discovery rule, nonprofit environmental group had inquiry notice of its breach of contract and negligence claims against supplier of wooden beams used in construction of the group's environmental center, and thus actions accrued, for purposes of three year statute of limitations for civil matters, when building started to have water leaks, expert was hired to examine problem, and resulting expert report indicated that wooden beams had not been properly pressure treated with wood sealer or coating. Id. 

MASSACHUSETTS
3 Years

Except as otherwise provided, actions of tort, actions of contract to recover for personal injuries, and actions of replevin, shall be commenced only within three years next after the cause of action accrues. Mass. Gen. Laws Ann. ch. 260, § 2A

Discovery:

A cause of action ordinarily accrues on the occurrence of some appreciable injury, regardless of whether the full extent to he injury is known at that time. Gore v. Daniel O'Connell's Sons, Inc., 17 Mass. App. Ct. 645, 461 N.E.2d 256 (1984).
However, where the injury is latent or "inherently unknowable" the discovery rule applies and the action does not accrue until plaintiff knows or reasonably should have known that he has been injured. McGuinnes v. Cotter, 412 Mass. 617, 621, 591 N.E.2d 659, 662(1992). This will require a call to local counsel!

MICHIGAN
3 Years

Sec. 5805. (1) A person shall not bring or maintain an action to recover damages for injuries to persons or property unless, after the claim first accrued to the plaintiff or to someone through whom the plaintiff claims, the action is commenced within the periods of time prescribed by this section.
(10) Except as otherwise provided in this section, the period of limitations is 3 years after the time of the death or injury for all actions to recover damages for the death of a person, or for injury to a person or property. Mich. Comp. Laws Ann. § 600.5805

Discovery:

According to MCL 600.5827, the applicable period of limitations runs from the time the claim accrues, unless otherwise expressly provided. The Michigan Supreme Court has interpreted MCL 600.5827 as meaning that a claim accrues when the wrong was done and further explained that “the wrong is done when the plaintiff is harmed rather than when the defendant acted.” Trentadue v. Buckler Automatic Lawn Sprinkler Co, 479 Mich. 378, 388; 738 NW2d 664 (2007); Boyle v. Gen Motors Corp, 468 Mich. 226, 231 n. 5; 661 NW2d 557 (2003). When all of the elements of a cause of action for personal injury have occurred, including damages, the claim accrues and the statute of limitations begins to run. Stephens v. Dixon, 449 Mich. 531, 538; 536 NW2d 755 (1995) (citation omitted). Even if later damages result, “they give rise to no new cause of action, nor does the statute of limitations begin to run anew as each item of damage is incurred.” Stephens, 449 Mich. at 538 (quotation omitted). Falk v. All Acquisition Corp., 296012, 2011 WL 566851 (Mich. Ct. App. Feb. 17, 2011)
 

 

MINNESOTA
4 Years

Subd. 2. Strict liability. Unless otherwise provided by law, any action based on the strict liability of the defendant and arising from the manufacture, sale, use or consumption of a product shall be commenced within four years. Minn. Stat. Ann. § 541.05

Discovery:

Under Minnesota law, as predicted by the District Court, patient's products liability action against medical device companies for claims arising when chondrolysis developed in his shoulder after insertion of pain pump following surgery accrued under discoveryrule at time when patient knew or should have known of causal connection between his shoulder injury and surgery. Huggins v. Stryker Corp., D.Minn.2013, 2013 WL 1191058

MISSISSIPPI
3 Years

(1) All actions for which no other period of limitation is prescribed shall be commenced within three (3) years next after the cause of such action accrued, and not after.
(2) In actions for which no other period of limitation is prescribed and which involve latent injury or disease, the cause of action does not accrue until the plaintiff has discovered, or by reasonable diligence should have discovered, the injury. Miss. Code. Ann. § 15-1-49

Discovery:

(2) In actions for which no other period of limitation is prescribed and which involve latent injury or disease, the cause of action does not accrue until the plaintiff has discovered, or by reasonable diligence should have discovered, the injury. Miss. Code. Ann. § 15-1-49

Miss.Code Ann. § 15–1–49(2) (Rev.2002) provides for a special exception to the standard three-year statute of limitations for “latent injury or disease.” In its most simplistic form, if aggrieved persons do not know of their injury the statute of limitation does not begin running until they “can reasonably be held to have knowledge of the injury or disease.” Owens–Illinois, Inc. v. Edwards, 573 So.2d 704, 709 (Miss.1990).
PPG Architectural Finishes, Inc. v. Lowery, 909 So. 2d 47, 50 (Miss. 2005)
 

MISSOURI
5 Years

Within five years:
(4) An action for taking, detaining or injuring any goods or chattels, including actions for the recovery of specific personal property, or for any other injury to the person or rights of another, not arising on contract and not herein otherwise enumerated; Mo. Ann. Stat. § 516.120

Discovery:

For the purpose of determining where a cause of action “originates,” courts look to when a cause of action “accrues,” as set forth in § 516.100 and have equated “originated” with “accrued,” as used in that statute. Id. at 871. See also Renfroe v. Eli Lilly & Co., 686 F.2d 642, 647 n. 9 (8th Cir.1982). Section 516.100 describes “accrued” as: “the cause of action shall not be deemed to accrue when the wrong is done or the technical breach of contract or duty occurs, but when the damage resulting therefrom is sustained and is capable of ascertainment[.]” So, for the purpose of applying § 516.190, a “cause of action shall not be deemed to” originate where “the wrong is done or the technical breach of contract or duty occurs, but,” where “the damage resulting therefrom is sustained and capable of ascertainment.” “A cause of action accrues when and originates where damages are sustained and are capable of ascertainment.” Day v. DeVries & Assocs., P.C., 98 S.W.3d 92, 95–96 (Mo.App.2003), quoting Elmore v. Owens–Illinois, Inc., 673 S.W.2d 434, 436 (Mo. banc 1984). Therefore, determination of the location *244 where a cause of action originates involves a two-step process: first, the identification of the “damage resulting therefrom”; and, second, locating where the damage so identified was sustained and became capable of ascertainment.

Natalini v. Little, 185 S.W.3d 239, 243-44 (Mo. Ct. App. 2006)

MONTANA
3 Years

(1) Except as provided in 27-2-216 and 27-2-217, the period prescribed for the commencement of an action upon a liability not founded upon an instrument in writing is within 3 years. Mont. Code Ann. § 27-2-204

Discovery:

A three-year statute of limitations does indeed apply to tort claims or products liability claims. Section 27–2–204, MCA. The law sets such statutes of limitations as an equitable measure intended to prevent the litigation of stale claims by requiring that a party file a claim within a reasonable period of time while the evidence supporting the claim is still fresh. E.W. v. D.C.H. (Mont.1988), 754 P.2d 817, 819, 45 St.Rep. 778, 780. The statute of limitations in any given case generally begins to run upon the occurrence of the last wrongful act relevant to the cause of action. The statute of limitations is not tolled until a plaintiff discovers her legal right to bring an action for known injuries. The statute also is not tolled until a plaintiff learns the facts out of which a known cause of action arose. Bennett v. Dow Chemical Co. (1986), 220 Mont. 117, 713 P.2d 992, 994, 43 St.Rep. 221, 224. This Court has, however, tolled the statute of limitations until a plaintiff discovers the injury, or until he should **962 have discovered the injury with the use of due diligence, if the injury is self-concealing. Johnson v. St. Patrick's Hosp. (1966), 148 Mont. 125, 417 P.2d 469. A statute of limitations has even been tolled until the legal cause of an injury is determined, although the injury itself is apparent, if equity so demands. Hornung v. Richardson–Merrill, Inc. (D.Mont.1970), 317 F.Supp. 183.
Hando v. PPG Indus., Inc., 236 Mont. 493, 501, 771 P.2d 956, 961-62 (1989)
 

NEBRASKA
4 Years

(1) All product liability actions, except one governed by subsection (5) of this section, shall be commenced within four years next after the date on which the death, injury, or damage complained of occurs. Neb. Rev. Stat. § 25-224

Discovery:

Neb. Rev. Stat. § 25-224(1) All product liability actions, except one governed by subsection (5) of this section, shall be commenced within four years next after the date on which the death, injury, or damage complained of occurs. Under Nebraska law, causes of action of consumer of prescription drug against drug manufacturer designated as negligence, strict liability and warranty were in the nature of product liability actions, and thus were barred by ten-year product liability statute of limitations and repose. Neb.Rev.St. § 25–224.

The statute of limitations begins when the person bringing the cause of action discovers, or reasonably should have discovered the existence of the injury or damage. 

Statute of Repose - (2)(a) Notwithstanding subsection (1) of this section or any other statutory provision to the contrary, any product liability action, except one governed by section 2-725, Uniform Commercial Code or by subsection (5) of this section, shall be commenced as follows:
(i) For products manufactured in Nebraska, within ten years after the date the product which allegedly caused the personal injury, death, or damage was first sold or leased for use or consumption; or
(ii) For products manufactured outside Nebraska, within the time allowed by the applicable statute of repose, if any, of the state or country where the product was manufactured, but in no event less than ten years. If the state or country where the product was manufactured does not have an applicable statute of repose, then the only limitation upon the commencement of an action for product liability shall be as set forth in subsection (1) of this section. Neb. Rev. Stat. § 25-224

NEVADA
2 Years

Within 2 years:
(e) Except as otherwise provided in NRS 11.215, an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another. The provisions of this paragraph relating to an action to recover damages for injuries to a person apply only to causes of action which accrue after March 20, 1951. Nev. Rev. Stat. Ann. § 11.190

Discovery:

The general rule concerning the statute of limitations is that a cause of action accrues when the wrong occurs and the party sustains injuries for which relief could be sought. Petersen v.Bruen, 106 Nev. 271, 274, 792 P.2d 18, 20 (1990). An exception to the general rule of discovery has been reconized by the Nevada Supreme Court in the form of the discovery rule. Id. 

NEW HAMPSHIRE
3 Years

I. Except as otherwise provided by law, all personal actions, except actions for slander or libel, may be brought only within 3 years of the act or omission complained of, except that when the injury and its causal relationship to the act or omission were not discovered and could not reasonably have been discovered at the time of the act or omission, the action shall be commenced within 3 years of the time the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, the injury and its causal relationship to the act or omission complained of.
N.H. Rev. Stat. Ann. § 508:4

Discovery:

Under New Hampshire law, discovery rule provides that cause of action does not accrue until plaintiff discovers, or in exercise of reasonable diligence should have discovered, that he was injured as result of defendant's conduct. Cheshire Med. Ctr. v. W.R. Grace & Co., 764 F. Supp. 213 opinion vacated in part on reconsideration, 767 F. Supp. 396 (D.N.H. 1991) 

Statute of Repose - Notwithstanding any other provision of law, all product liability actions must be commenced within the following time limits and not otherwise:
I. Within 3 years of the time the injury is, or should, in the exercise of reasonable diligence, have been discovered by the plaintiff; and
II. (a) No later than 12 years after the manufacturer of the final product parted with its possession and control or sold it, whichever occurred last... N.H. Rev. Stat. Ann. § 507-D:2

NEW JERSEY
2 Years

Every action at law for an injury to the person caused by the wrongful act, neglect or default of any person within this State shall be commenced within 2 years next after the cause of any such action shall have accrued; except that an action by or on behalf of a minor that has accrued for medical malpractice for injuries sustained at birth shall be commenced prior to the minor's 13th birthday. N.J. Stat. Ann. § 2A:14-2

 Discovery:

In a product liability action, a cause of action generally accrues for statute of limitations purposes on the date of injury. N.J.S.A. 2A:14–2.
In a product liability action, a cause of action generally accrues for statute of limitations purposes on the date of injury. Cornett v. Johnson & Johnson, 211 N.J. 362, 48 A.3d 1041 (2012). Discovery rule did not preserve patient's products liability action against manufacturers and distributors of contrast medium used in myelograms for failing to warn that their contrast medium could cause arachnoiditis, even if patient filed action within two years after treating physician wrote letter confirming that patient suffered from arachnoiditis; patient himself testified that what he heard about arachnoiditis and contrast medium on television show nearly four years before he commenced action prompted him to file it, and he retained attorneys who represented plaintiffs in class action against same defendants in federal court and received regular information about progress of their suit more than two years before commencing present action. Staub v. Eastman Kodak Co., 320 N.J.Super. 34, 726 A.2d 955 (A.D.1999)

NEW MEXICO
3 Years

Actions must be brought against sureties on official bonds and on bonds of guardians, conservators, personal representatives and persons acting in a fiduciary capacity, within two years after the liability of the principal or the person from whom they are sureties is finally established or determined by a judgment or decree of the court, and for an injury to the person or reputation of any person, within three years. N.M. Stat. Ann. § 37-1-8

Discovery:

We do not believe that our Supreme Court, in Roberts, intended to foreclose the application of the discovery rule in situations involving product liability actions wherein the injury is not readily attributable to a party's use of a defective product. A majority of state courts that do not have discovery statutes and that have considered this issue, have recognized the applicability of the discovery rule in product liability cases involving disease or other types of latent injuries which are not immediately traceable to the use of a particular product or substance. See 4 Louis R. Frumer and Melvin I. Friedman, Products Liability § 26-04 [2], at 26-39, 26-51 (Cary Stewart Sklaren rev.1998). 

NEW YORK
3 Years

The following actions must be commenced within three years:
5. an action to recover damages for a personal injury except as provided in sections 214-b, 214-c and 215; N.Y. C.P.L.R. 214

Discovery:

2. Notwithstanding the provisions of section 214, the three year period within which an action to recover damages for personal injury or injury to property caused by the latent effects of exposure to any substance or combination of substances, in any form, upon or within the body or upon or within property must be commenced shall be computed from the date of discovery of the injury by the plaintiff or from the date when through the exercise of reasonable diligence such injury should have been discovered by the plaintiff, whichever is earlier. N.Y. C.P.L.R. 214-c

NORTH CAROLINA
3 Years

Within three years an action--
(5) For criminal conversation, or for any other injury to the person or rights of another, not arising on contract and not hereafter enumerated. N.C. Gen. Stat. Ann. § 1-52

Discovery:

The limitation for actions based on fraud or on negligence is three years. N.C.Gen.Stat. § 1-52 (1969). With respect to claims based on negligence, the cause of action accrues when the wrong is committed. Shearin v. Lloyd, 246 N.C. 363, 98 S.E.2d 508 (1958).3 In contrast, a cause of action based on fraud, including forgery, does not accrue until discovery. N.C.Gen.Stat. § 1-52(9) (1969); Cooper v. Floyd, 9 N.C.App. 645, 177 S.E.2d 442 (1970). Ford Motor Credit Co. v. Minges, 473 F.2d 918, 922 (4th Cir. 1973)

NORTH DAKOTA
6 Years

The following actions must be commenced within six years after the claim for relief has accrued:
5. An action for criminal conversation or for any other injury to the person or rights of another not arising upon contract, when not otherwise expressly provided. N.D. Cent. Code Ann. § 28-01-16

Discovery:

Discovery Rule - A claim for relief accrues when a reasonble person not suffering from disabilities would have been cognizant of facts placing reasonable person on notice that a potential claim exists. Case Law: BASF Corp. v. Symington, 512 N.W.2d 692, 695 (N.D. 1994).

Product liability tort actions, whether based upon negligence or strict liability, are subject to six-year statute of limitations under statute governing limitation of actions for injury to person or rights of another not coming under contract. NDCC 28–01–16, subd. 5 

Statute of Repose - 1. Except as provided in subsections 4 and 5, there may be no recovery of damages in a products liability action unless the injury, death, or property damage occurs within ten years of the date of initial purchase for use or consumption, or within eleven years of the date of manufacture of a product. N.D. Cent. Code Ann. § 28-01.3-08

OHIO
2 Years

Except as provided in division (C) or (E) of this section, an action based on a product liability claim and an action for bodily injury or injuring personal property shall be brought within two years after the cause of action accrues. Except as provided in divisions (B)(1), (2), (3), (4), and (5) of this section, a cause of action accrues under this division when the injury or loss to person or property occurs.
Ohio Rev. Code Ann. § 2305.10

Discovery:

A cause of action does not arise until the plaintiff discovers, or should have discovered that he or she was injured by the wrongful conduct of the defendant. **Discovery rule generally applies to latent injuries.** Norris v. Yamaha Motor Corp. U.S.A., 2009-Ohio-4158 (slip opinion), paragraph 40 citing Norgard v. Brush Wellman, Inc., 766 N.E. 2d 977, 2002-Ohio-2007.

Statute of Repose - (C)(1) Except as otherwise provided in divisions (C)(2), (3), (4), (5), (6), and (7) of this section or in section 2305.19 of the Revised Code, no cause of action based on a product liability claim shall accrue against the manufacturer or supplier of a product later than ten years from the date that the product was delivered to its first purchaser or first lessee who was not engaged in a business in which the product was used as a component in the production, construction, creation, assembly, or rebuilding of another product. Ohio Rev. Code Ann. § 2305.10

OKLAHOMA
2 Years

Within two (2) years: An action for trespass upon real property; an action for taking, detaining, or injuring personal property, including actions for the specific recovery of personal property; an action for injury to the rights of another, not arising on contract, and not hereinafter enumerated; an action for relief on the ground of fraud -- the cause of action in such case shall not be deemed to have accrued until the discovery of the fraud; Okla. Stat. Ann. tit. 12, § 95

Discovery:

The statute of limitations does not begin to run until the injured party knows or, in the exercise of due diligence, should have known of the injury. In re 1973 John Deere 4030 Tractor, 816 P.2d 1126, 1132 (Okla. 1991).

The statute of limitations begins to run when a reasonably prudent person associates his symptoms with a serious or permanent condition and at the same time perceives the role which defendant has played in inducing that condition. Daughtery v. Farmers Cooperative Association; 1983 Okla. Civ. App. LEXIS 158

OREGON
2 Years

An action for assault, battery, false imprisonment, or for any injury to the person or rights of another, not arising on contract, and not especially enumerated in this chapter, shall be commenced within two years; provided, that in an action at law based upon fraud or deceit, the limitation shall be deemed to commence only from the discovery of the fraud or deceit. Or. Rev. Stat. Ann. § 12.110

Discovery:

The statute of limitations begins to run when the plaintiff first discovers or, in the exercise of reasonable care, should have discovered that the injury or other damage complained of exists and was the result of a product defect. Fox v. Collins, 162 P.3d 998, 1000 (Ct. App. Or. 2007).

Statute of Repose - (2) A product liability civil action for personal injury or property damage must be commenced before the later of:
(a) Ten years after the date on which the product was first purchased for use or consumption; or
(b) The expiration of any statute of repose for an equivalent civil action in the state in which the product was manufactured, or, if the product was manufactured in a foreign country, the expiration of any statute of repose for an equivalent civil action in the state into which the product was imported. Or. Rev. Stat. Ann. § 30.905

PENNSYLVANIA
2 Years

The following actions and proceedings must be commenced within two years:
(2) An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.
(7) Any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct or any other action or proceeding sounding in trespass, including deceit or fraud, except an action or proceeding subject to another limitation specified in this subchapter. 42 Pa. Cons. Stat. Ann. § 5524

Discovery:

If the injured party could not ascertain he was injured and by what cause within the limitations period, “despite the exercise of reasonable diligence,” then the discovery rule is appropriate. Simon v. Wyeth Pharmaceuticals, Inc., 989 A.2d 356, 365 (Pa. 2009) (reversing trial court's grant of JNOV for defendant in case involving patient who developed breast cancer after hormone replacement therapy). The test is objective. Id. The burden is on the part asserting the discovery rule to show "despite the exercise of reasonable diligence, was unaware of his injury and unable to determine its cause. Where the rule's application involves a factural determination regarding whtehr ethe plaintiff exercised due deiligence in discovering his injury, the jury must decide whether the rule applies." Id. at 365-66

PUERTO RICO
1 Year

The following prescribe in one (1) year:
(1) Actions to recover or retain possession.
(2) Actions to demand civil liability for grave insults or calumny, and for obligations arising from the fault or negligence mentioned in § 5141 of this title, from the time the aggrieved person had knowledge thereof. 31 L.P.R.A. § 5298

Discovery:

Where, as here, a plaintiff brings a tort action more than one year after the operative events that gave rise to the suit, “she bears the burden of proving that she lacked the requisite ‘knowledge’ at all relevant times. Rabassa Suarez v. Ford Motor Co., 204 F.Supp.2d 302 (D.Puerto Rico 2002)

RHODE ISLAND
3 Years

Actions for injuries to the person shall be commenced and sued within three (3) years next after the cause of action shall accrue, and not after, except as provided for otherwise in subsection (c) herein. R.I. Gen. Laws Ann. § 9-1-14

Discovery:

The statute of limitations in a drug product liability case begins to run when the person discovers or should have discovered with reasonable diligence the wrongful conduct of the manufacturer. Anthony v. Abbott Laboratories, 490 A.2d 43 (R.I. 1985). No statute of repose; ruled unconstitutional in Kennedy v. Cumberland, 471 A.2d 195 (R.I. 1984). 10 year catch-all SOL for all civil actions, unless otherwise specficially provided. R.I.Gen. Laws 1956 9-1-13.

SOUTH CAROLINA
3 Years

Within three years:
(5) an action for assault, battery, or any injury to the person or rights of another, not arising on contract and not enumerated by law, and those provided for in Section 15-3-545; S.C. Code Ann. § 15-3-530

Discovery:

A plaintiff must bring a personal injury action within three years after the plaintiff knew or by the exercise of reasonable diligence should have known that she had a cause of action. S.C.Code Ann. § 15-3-530(5) and -535 (Supp.1999). Moriarty v. Garden Sanctuary Church of God, 534 S.E. 2d 672, 676 (S.C. 2000)“The important date under the discovery rule is the date that a plaintiff discovers the injury, not the date of the discovery of the identity of [the] wrongdoer.” Wiggins, supra. However, under section 15-3-535, “the statute of limitations is triggered not merely by knowledge of an injury but by knowledge of facts, diligently acquired, sufficient to put an injured person on notice of the existence of a cause of action against another.” True v. Monteith, 327 S.C. 116, 118, 489 S.E.2d 615, 617 (1997). No statute of repose. Thorton v. Cessna Aircraft Co., 703 F.Supp.1228, 1233 (D.S.C. 1988) (South Carolina has not enacted any statute of repose comparable to Tennessee’s statute. In addition, it is clear that under South Carolina law, a plaintiff is not foreclosed from bringing a product liability action solely because a specified period has elapsed since the product was first sold into the stream of commerce. See Mickle v. Blackmon, 252 S.C. 202, 166 S.E.2d 173 (1969)).

SOUTH DAKOTA
3 Years

An action against a manufacturer, lessor, or seller of a product, regardless of the substantive legal theory upon which the action is brought, for or on account of personal injury, death, or property damage caused by or resulting from the manufacture, construction, design, formula, installation, inspection, preparation, assembly, testing, packaging, labeling, or sale of any product or failure to warn or protect against a danger or hazard in the use, misuse, or unintended use of any product, or the failure to provide proper instructions for the use of any product may be commenced only within three years of the date when the personal injury, death, or property damage occurred, became known or should have become known to the injured party. S.D. Codified Laws § 15-2-12.2

Discovery:

An action against a manufacturer, lessor, or seller of a product, regardless of the substantive legal theory upon which the action is brought, for or on account of personal injury, death, or property damage caused by or resulting from the manufacture, construction, design, formula, installation, inspection, preparation, assembly, testing, packaging, labeling, or sale of any product or failure to warn or protect against a danger or hazard in the use, misuse, or unintended use of any product, or the failure to provide proper instructions for the use of any product may be commenced only within three years of the date when the personal injury, death, or property damage occurred, became known or should have become known to the injured party. S.D. Codified Laws § 15-2-12.2

TENNESSEE
1 Year

For the purpose of this section, in products liability cases:
(1) The cause of action for injury to the person shall accrue on the date of the personal injury, not the date of the negligence or the sale of a product;
(2) No person shall be deprived of the right to maintain a cause of action until one (1) year from the date of the injury; and
(3) Under no circumstances shall the cause of action be barred before the person sustains an injury. Tenn. Code Ann. § 28-3-104

Discovery:

In Tennessee, a products liability cause of action “accrues” “when the injury occurs or is discovered, or when in the exercise of reasonable care and diligence, it should have been discovered.” McCloskey v. Bryant Air Conditioning Co., 524 S.W.2d 487, 491 (Tenn.1975). Buckner v. GAF Corp., 495 F. Supp. 351, 354 (E.D. Tenn. 1979)

TEXAS
2 Years

(a) Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues.
Tex. Civ. Prac. & Rem. Code Ann. § 16.003.

Discovery:

*** WILL MOST LIKELY ONLY RECOGNIZE MOST CONSERVATIVE SOL Texas courts have recognized an exception to this general rule, the “discovery rule,” which applies where a claimant is unable to know of an injury or the cause of an injury at the time it occurred. Id. When the discovery rule applies, the statute of limitations is tolled until the Plaintiff discovers, or through the exercise of reasonable care and diligence should have discovered, the nature of her injury and its cause in fact. See, e.g., Glasscock v. Armstrong Cork Co., 946 F.2d 1085, 1092 (5th Cir.1991), cert. denied, 503 U.S. 1011, 112 S.Ct. 1778, 118 L.Ed.2d 435 (1992); Mann v. A.H. Robins Co., Inc., 741 F.2d 79, 81 (5th Cir.1984); Moreno v. Sterling Drug, Inc., 787 S.W.2d 348, 351 (Tex.1990). 

Statute of Repose - (b) Except as provided by Subsections (c), (d), and (d-1), a claimant must commence a products liability action against a manufacturer or seller of a product before the end of 15 years after the date of the sale of the product by the defendant. Tex. Civ. Prac. & Rem. Code Ann. § 16.012

U.S. VIRGIN ISLANDS
2 Years

Two years-
(A) An action for libel, slander, assault, battery, seduction, false imprisonment, or for any injury to the person or rights of another not arising on contract and not herein especially enumerated, or to set aside a sale of real property for non-payment of real property taxes pursuant to Title 33, chapter 89, subchapter III of this Code. 5 V.I.C. § 31

Discovery:

Under Virgin Islands law, two-year statute of limitations on asbestosis claim did not begin to run until plaintiff, by virtue of some physical manifestation of effects of disease, had actual knowledge of injury and its cause, or reason to know of injury and its cause through exercise of reasonable diligence. Joseph v. Hess Oil, 867 F.2d 179 (3d Cir. 1989)

UTAH
2 Years

A civil action under this part shall be brought within two years from the time the individual who would be the claimant in the action discovered, or in the exercise of due diligence should have discovered, both the harm and its cause. Utah Code Ann. § 78B-6-706

Disscovery:

Utah Code 78B-6-706 (The product liability statute of limitations states that “[a] civil action under [the Product Liability Act] shall be brought within two years from the time the individual who would be the claimant in the action discovered, or in the exercise of due diligence should have discovered, both the harm and its cause.”); Russell Packard Development, Inc. v. Carson, 108 P.3d 741, 746 (Utah 2005). Statute of respose unconstitutional. Berry v. Beech Aircraft Corp., 717 P.2d 670 (Utah 1985)

VERMONT
3 Years

Actions for the following causes shall be commenced within three years after the cause of action accrues, and not after:
(4) Except as otherwise provided in this chapter, injuries to the person suffered by the act or default of another person, provided that the cause of action shall be deemed to accrue as of the date of the discovery of the injury; Vt. Stat. Ann. tit. 12, § 512

Discovery:

the cause of action shall be deemed to accrue as of the date of the discovery of the injury; Vt. Stat. Ann. tit. 12, § 512 (4)

VIRGINIA
2 Years

Unless otherwise provided in this section or by other statute, every action for personal injuries, whatever the theory of recovery, and every action for damages resulting from fraud, shall be brought within two years after the cause of action accrues. Va. Code Ann. § 8.01-243

Discovery:

Unless otherwise provided in this section or by other statute, every action for personal injuries, whatever the theory of recovery, and every action for damages resulting from fraud, shall be brought within two years after the cause of action accrues. Va Code 8.01-243(A).

WASHINGTON
3 Years

The following actions shall be commenced within three years:
(2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated; Wash. Rev. Code Ann. § 4.16.080

Discovery:

Statute of limitation. Subject to the applicable provisions of chapter 4.16 RCW pertaining to the tolling and extension of any statute of limitation, no claim under this chapter may be brought more than three years from the time the claimant discovered or in the exercise of due diligence should have discovered the harm and its cause. Wash. Rev. Code Ann. § 7.72.060

WEST VIRGINIA
2 Years

Every personal action for which no limitation is otherwise prescribed shall be brought: (a) Within two years next after the right to bring the same shall have accrued, if it be for damage to property; (b) within two years next after the right to bring the same shall have accrued if it be for damages for personal injuries; and (c) within one year next after the right to bring the same shall have accrued if it be for any other matter of such nature that, in case a party die, it could not have been brought at common law by or against his personal representative. W. Va. Code Ann. § 55-2-12

Discovery:

A cause of action for medical monitoring lies in tort.   According to W.Va.Code § 55-2-12 (1959), the statute of limitation applicable to tort actions in West Virginia, “[e]very personal action for which no limitation is otherwise prescribed shall be brought ... within two years next after the right to bring the same shall have accrued if it be for damages for personal injuries [.]” This Court has held that “[g]enerally, a cause of action accrues (i.e., the statute of limitations begins to run) when a tort occurs; under ‘the discovery rule,’ the statute of limitations is tolled until a claimant knows or by reasonable diligence should know of his claim.” Syllabus Point 1, Cart v. Marcum, 188 W.Va. 241, 423 S.E.2d 644 (1992). Further,In products liability cases, the statute of limitations begins to run when the plaintiff knows, or by the exercise of reasonable diligence should know, (1) that he has been injured, (2) the identity of the maker of the product, and (3) that the product had a causal relation to his injury.

State of W. Virginia ex rel. Chemtall Inc. v. Madden, 216 W. Va. 443, 455, 607 S.E.2d 772, 784 (2004)

WISCONSIN
3 Years

The following actions shall be commenced within 3 years or be barred:
(1) An action to recover damages for injuries to the person.
(2) An action brought to recover damages for death caused by the wrongful act, neglect or default of another. Wis. Stat. Ann. § 893.54

Discovery:

The discovery rule established that a tort claim accrues for the purposes of the statute of limitations “on the date the injury is discovered or with reasonable diligence should be discovered, whichever occurs first.” Hansen, 113 Wis.2d at 560, 335 N.W.2d 578. The Hansen court declared that “[i]t is manifestly unjust for the statute of limitations to begin to run before a claimant could reasonably become aware of the injury.” Hansen, 113 Wis.2d at 559, 335 N.W.2d 578.

Sopha v. Owens-Corning Fiberglas Corp., 230 Wis. 2d 212, 225, 601 N.W.2d 627, 633 (1999)

WYOMING
4 Years

Within four (4) years, an action for:
(C) An injury to the rights of the plaintiff, not arising on contract and not herein enumerated; Wyo. Stat. Ann. § 1-3-105

Discovery:

Statute of limitations began to run on products liability action against manufacturer of intrauterine contraceptive device when plaintiff knew or reasonably should have known that she had suffered an injury and knew or reasonably should have know, cause of that injury, and where plaintiff's own uncontroverted testimony showed that in December, 1973, her pregnancy was terminated and that the device was the cause of her injury, the statute began running on that date and claim expired four years later and was therefore barred. Olson v. A.H. Robins Co., Inc., 1985, 696 P.2d 1294

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