When a person is injured due to a defective or dangerous product, they may be entitled to compensation from the manufacturer or seller of that product. This is known as a product liability lawsuit. However, every state has its own laws regarding the time limit within which a product liability lawsuit must be filed. In this article, we will discuss the time limit for filing a product liability lawsuit in Florida.
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Understanding Product Liability Lawsuits
Before discussing the time limit for filing a product liability lawsuit in Florida, it is important to understand what a product liability lawsuit is. In basic terms, a product liability lawsuit is a legal claim against a manufacturer or seller of a product for injuries resulting from that product. These claims can be based on three different legal theories: negligence, strict liability, and breach of warranty.
Negligence is a legal theory that requires the claimant to prove that the manufacturer or seller was negligent in designing, manufacturing, or selling the product. Strict liability is a legal theory that holds the manufacturer or seller responsible for injuries caused by a defective or unreasonably dangerous product, regardless of whether they were negligent. Breach of warranty is a legal theory that allows the claimant to sue the manufacturer or seller for violating an express or implied warranty.
The Statue of Limitations for Product Liability Lawsuits in Florida
In Florida, the time limit for filing a product liability lawsuit is known as the statute of limitations. In accordance with Florida law, the statute of limitations for a product liability lawsuit is four years from the date of the injury. This means that a person must file their lawsuit within four years of the date on which they were injured by the product.
Exceptions to the Statue of Limitations in Florida
While the general rule in Florida is that a person has four years to file a product liability lawsuit, there are some exceptions to this rule. One exception is known as the discovery rule. This rule allows a person to file a lawsuit within four years of the date on which they discovered, or should have discovered, their injury. This can be important because some injuries may not become apparent until some time after the product was used.
Another exception to the statute of limitations in Florida is known as the statute of repose. This rule places an absolute limit on the time within which a lawsuit can be filed, regardless of when the injury was discovered or should have been discovered. In Florida, the statute of repose for product liability cases is twelve years from the date of delivery of the product to the first purchaser.
Conclusion
If you have been injured by a defective or dangerous product, it is important to speak with an experienced personal injury attorney as soon as possible. In Florida, the statute of limitations for filing a product liability lawsuit is four years from the date of the injury, but there are exceptions to this rule. By speaking with an attorney, you can determine whether you have a valid claim and ensure that your rights are protected within the applicable time limit.