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Products Liability

ALABAMA

years against original seller. Discovery rule applies to exposure to, or ingestion of, harmful substances.

ALASKA

years with Discovery Rule.

ARIZONA

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

years with Discovery Rule.

CALIFORNIA

years with Discovery Rule.

COLORADO

years with Discovery Rule.

CONNECTICUT

3 years with discovery rule. SOR: 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

years from date injury sustained. Discovery Rule applies.

DISTRICT OF COLUMBIA

years with Discovery Rule.

FLORIDA

years with Discovery Rule.
SOR: Claimant may not commence action for products liability, including wrongful death action or other claim arising from personal injury or property damage caused by product, to recover for harm allegedly caused by product with expected useful life of ten years or less, if harm was caused by exposure to or use of product more than 12 years after delivery of product to first purchaser or lessee.

GEORGIA

years with Discovery Rule or 1 year from date of death.
SOR: 5 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

years with Discovery Rule.

IDAHO

2 years from date of occurrence.

Useful safe life begins at the time of delivery of the product and extends for the time during which the product would normally be likely to perform or be stored in a safe manner.  A product seller may be subject to liability for harm caused by a product used beyond its useful safe life to the extent that the product seller has expressly warranted the product for a longer period. Statute of repose is 10 years with exceptions and special rules:
If a product seller expressly warrants that its product can be utilized safely for a period longer than 10 years, the period of repose will extend to according to warranty or promise.
Statute of repose does not apply if seller intentionally misrepresents facts about its product, or fraudulently conceals information about it.
Statute of repose does not apply if the harm was caused by prolonged exposure to the defective product or if defect is not discoverable by ordinary reasonably prudent person.

ILLINOIS

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 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.
No punitive damages in product liability action if conduct of manufacturer, seller, or reseller that allegedly caused harm was in compliance with state or federal statutes or regulations promulgated by agency responsible for safety or use of product which regulation was in effect at time of alleged misconduct unless plaintiff proves by clear and convincing evidence that manufacturer or product seller intentionally withheld from or misrepresented to Congress, state legislature or agency material information regarding safety or use of product that would have or could have changed rule created.
In some instances, recoveries may be reduced to reflect certain collateral payments.

INDIANA

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

years (Regardless of the age of the injured party)

SOR: 15 years

KANSAS

2 years after “substantial injury” if the theory is negligence, within 2 years of “injury” if based on strict liability, with Discovery Rule.
SOR: 10 years with useful safe life rule.

Exceptions:
Does not apply if the product seller intentionally misrepresented facts about its product, or fraudulently conceals information about it.
Does not apply if the the harm was caused by prolonged exposure to defective product and the injury-causing aspect of the product was not discoverable by reasonably diligent person until more than 10 years after delivery of product.

KENTUCKY

1 year with Discovery Rule. Rebuttable presumption lies that product was not defective if injury, death, or property damage occurs more than 5 years after date of manufacture.

LOUISIANA

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.

MAINE

years with Discovery Rule.

MARYLAND

years with Discovery Rule.

MASSACHUSETTS

years with Discovery Rule.

MICHIGAN

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

MINNESOTA

years from injury or termination of treatment with Discovery Rule.

MISSISSIPPI

years with Discovery Rule.

MISSOURI

years with Discovery Rule.

MONTANA

years with Discovery Rule.

NEBRASKA

years with Discovery Rule.
SOR: 10 years from date first sold.

NEVADA

years with Discovery Rule.

NEW HAMPSHIRE

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

years with Discovery Rule.

NEW MEXICO

years with Discovery Rule.

NEW YORK

years

NORTH CAROLINA

years. SOR: 6 years maximum from date of initial purchase by consumer.

NORTH DAKOTA

SOR: 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

years with Discovery Rule. Punitive damages not rewarded in product liability claim unless proof by clear and convincing evidence of flagrant disregard for safety of others.

OKLAHOMA

years with Discovery Rule.

OREGON

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

PENNSYLVANIA

years with Discovery Rule.

RHODE ISLAND

years with Discovery Rule.

SOUTH CAROLINA

years with Discovery Rule.

SOUTH DAKOTA

years with Discovery Rule but 6 year SOR after purchase.

TENNESSEE

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. 

TEXAS

years with Discovery Rule.

U.S. VIRGIN ISLANDS

years

UTAH

years with Discovery Rule.

VERMONT

years with Discovery Rule.

VIRGINIA

years with Discovery Rule.

WASHINGTON

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

WEST VIRGINIA

Products liability action must be commenced within two years of date of injury, or within two years of date when party should have known of: (1) Injury, (2) manufacturer of product, and (3) causal relationship between product and injury.

WISCONSIN

years with Discovery Rule.

WYOMING

years with Discovery Rule.