About Defective Products and Time Limits for Filing Claims
Defective products can cause many different injuries. In some cases, these can result in death as well. Product liability claims can be extremely complex to handle; they are some of the most involved lawsuits that personal injury lawyers pursue.
The crucial aspect to keep in view is that there is a legal time frame within which you are permitted to file a product liability lawsuit. The statute of limitations is different in every state. For example, in the state of Illinois, product liability lawsuits have to be filed within two years in case of personal injury claims, and five years for property damage-related claims.
What Is the Date Of Discovery?
The Date of Discovery is the date you first realize that a defective product has caused you injury. From this date, you have two years to start the personal injury claim filing process. After that time-frame, you cannot seek compensation for justice for the damage caused or any associated expenses.
You would also not be able to pursue the defective product liability claim if you have altered the product in any way. This holds even if you haven’t used the product in the way it was intended. For example, if you remove a safety attachment from a tool and that results in an injury at a later date, you cannot pursue a defective product liability claim.
However, you might still be able to file comparative negligence or non-strict liability, because every manufacturer is required to consider how their product can be misused. Based on this, they are required to provide the right kind of safety measures to avoid an injury, in case it is used in that manner.
Filing A Lawsuit or Pursuing Compensation From A Manufacturer Or Retailer
Various legal categories permit you to sue the manufacturer or retailer of the defective product. These categories are:
- Breach of Warranty
- Strict Liability
Defective products caused due to negligence often involve faults in manufacturing. This could also include the failure to warn consumers or discover the dangers associated with the use of that product.
A strict liability claim doesn’t have to prove negligence. Instead, it just has to show that the product led to the injuries. The concept of breach of warranty comes into the picture when the injury occurs while the product was being used the way it was intended.
A seller/manufacturer can be held liable if:
- They have failed to notice/correct a severe product flaw.
- They failed to recognize the various dangers associated with using their product.
- They failed to provide/list information on the risks & hazards associated with using that product.
Defective products could be work tools, medical devices, children’s toys or any product that has caused injury/death or one that has been recalled. As mentioned in the outset, a product liability claim is quite complex and requires expert knowledge of all the relevant laws and the process of establishing the fault. You need a reputed and skilled personal injury attorney in your corner to help you every step of the way. They will check whether the claim in valid as well as within the statute of limitations before starting on the filing process. We at Costa Ivone Injury Lawyers are a firm of highly dedicated and skilled law professionals that handle all types of personal injury cases. For any more information about our services or to schedule a free consultation, to contact us at (708) 400-0000. You can also contact us through this Online Form to schedule a consultation.