Product Liability Statute Of Limitations By State (2026)

What Is the Statute of Limitations for Product Liability Cases?

As time goes by, gathering evidence becomes harder. That’s why most civil lawsuits are subject to a statute of limitations, or a time limit on taking legal action. There are different product liability statute of limitations by state.

You might wonder when the countdown to the statute of limitations starts. Depending on your state, it will usually start at one of the following:

• The date that the injury occurred
• The date that you discovered (or should have discovered) your injury

In most states, the statute of limitations starts at the latter thanks to something called the “discovery rule.”

How the Discovery Rule Affects Filing Deadlines

In product liability cases involving acute injuries, it may be clear that the plaintiff should have immediately discovered they were hurt.

However, not all injuries are immediately obvious. For example, severe respiratory diseases due to asbestos exposure may surface 20 to 30 years after the exposure. In states where the discovery rule applies, people with asbestos-related disease may be able to pursue legal action decades after the exposure itself.

Statute of Limitations vs. Statute of Repose: Key Differences

In many states, the statute of limitations is affected by the discovery rule, so it is not an absolute deadline. Some states have “statutes of repose” (also called “secondary time limits”) that establish an absolute time limit.

For example, imagine your state has a statute of limitations of six years and a statute of repose of 12 years. This means you can file a lawsuit six years from the day you discovered your injury, but you must file within 12 years of the purchase date of the item that caused your injury.

Once 12 years have passed from the date of purchase, you may not file a product liability lawsuit regardless of when you discovered the injury.

Exceptions to Product Liability Time Limits

Rarely, you may qualify for an exception to your state’s time limits. These are some examples of possible exceptions:

• The defendant is hiding to avoid being served with a lawsuit
• You were under 18 when you were injured (the clock starts on your 18th birthday)
• You are mentally incompetent (the clock starts when you become competent again)

You should never assume that your case qualifies for an exception to your state’s laws. Always talk to an attorney for clarification.

State-by-State Product Liability Statute of Limitations

If a defective product has harmed you, understanding the product liability statute of limitations by state is essential. Statutes of limitations can be anywhere from one to six years:

What Happens if You Miss the Filing Deadline?

If you have been injured because of defective products, it’s essential to talk to a lawyer right away. In almost every case, missing the statute of limitations means that you lose any claim to compensation you may have had.

If you try to file a claim after the statute of limitations (or after the statute of repose, if your state has one), the judge will dismiss your claim.

Remember that even if you talk to a lawyer and they accept your case, it will still take time for them to gather evidence and file a lawsuit. To make sure that you don’t miss the deadline, always consult a lawyer as soon as possible after your injury.

Steps to File a Product Liability Claim Before Time Runs Out

As soon as you’re aware of your injury, you should consult an attorney experienced with product liability law. It takes time for a lawyer to build a case, so you shouldn’t wait until the statute of limitations has almost run out.

If you want to pursue a product liability claim, these steps can get you started:

Gather Evidence

To win your case, you need to prove both the severity of your injuries and the fact that your injuries were tied to the defective product. An attorney will be able to recommend additional types of evidence, but you can start by getting the following together:

• Proof of purchase
• Photos of the defects
• Medical bills and medical records
• Product packaging and warning labels

You should also keep the product itself. It may prove to be a useful part of your case.

Consult a Product Liability Attorney (or More Than One)

Product liability lawyers usually work on contingency. If they recover compensation for you, you agree to pay them a percentage of it. If they lose the case, you pay nothing.

Attorneys who use this fee structure can’t take on every case they come across. If one attorney declines to take your case, it may be worth talking to another.

Find an Experienced Product Liability Attorney Today

Manufacturers of dangerous products should be held accountable. If you’ve been injured by a defective product, you should consult a product liability attorney as soon as you can.

Not sure how to find the right lawyer? Let us help. At ConsumerShield, we match people in need of legal help with skilled attorneys nearby. Fill out our contact form below for a free case review.