Statute of Limitations in Product Liability Cases

Attorneys Representing Injured Consumers in Cape Cod

People use numerous consumer and household products throughout the day without considering that those products may cause them harm. Products are not always as safe as they should be, and defective products routinely cause injuries to innocent consumers. Parties who are injured by defective products have a right to pursue damages, but they must do so within a certain timeframe. If you were injured while using a dangerous product, it is wise to engage a knowledgeable Cape Cod product liability lawyer as soon as possible to discuss your case and your options for seeking damages. At the Law Offices of John C. Manoog, III, our attorneys are skilled at assisting parties who have been harmed by defective products pursue damages from anyone that may be responsible for their harm. We can assist you in developing compelling arguments that will help you pursue any compensation you may be owed. Our skill at handling the intricacies of product liability and other injury claims has enabled us to recover multimillion-dollar settlements and verdicts for our clients.

Statute of Limitations in Product Liability Cases

A statute of limitations is the time period within which a person must file a lawsuit. Massachusetts law establishes the statute of limitations for pursuing civil claims. The statute of limitations for a product liability claim depends on the nature of the claim asserted.

Product liability lawsuits setting forth a negligence claim must be filed within three years of when the injury caused by the defective product occurred. In certain situations, however, a person may be able to pursue damages in a personal injury claim even if his or her lawsuit is not filed within three years of the harm.

In addition to negligence claims, a product liability action may set forth claims of breach of an express or implied warranty. Breach of implied warranty claims are subject to the same three year statute of limitations as negligence claims, while breach of express warranty claims are contractual and must be filed within four years of the date of the alleged breach. If you were injured by a defective product, a skillful product liability attorney can evaluate your options for seeking compensation for your injuries.

The Discovery Rule and Statute of Repose

Massachusetts has adopted the discovery rule, which tolls the statute of limitations in product liability cases asserting negligence claims until a person discovers the cause of his or her harm. For example, if a person does not discover that a defective product caused an injury or illness until five years after the date of harm, the discovery rule may operate to allow the person to seek compensation, even though more than three years have passed since the initial injury.

It is important to note, however, that Massachusetts has enacted a statute of repose that applies in personal injury actions setting forth a claim of negligence in the design, planning, or construction of improvements to real property. The statute of repose bars any claims filed more than six years from the date of harm, regardless of when the harm was discovered. In addition to negligence claims, the statute of repose applies to breach of implied warranty claims as well. If you were injured by a defective product, a seasoned product liability attorney will analyze the potential theories of liability, and the applicable statutory period for each potential claim.

Retain a Knowledgeable Product Liability Lawyer in Cape Cod

Product liability cases are complex and multi-faceted, and should be handled by an attorney with the knowledge and skills needed to seek a successful outcome. At the Law Offices of John C. Manoog, III, we are well versed in what it takes to set forth effective arguments to prove a defective product caused your harm, as well as procedural requirements such as the statute of limitations in product liability cases. We will aggressively seek the full amount of damages you may be owed for your injuries. Our skilled representation has resulted in a record of winning settlements and verdicts, including numerous outcomes of over one million dollars. We represent people in Cape Cod and can schedule consultations in Hyannis and Plymouth. Contact us at 888-262-6664 or through the form online to schedule a meeting.