It may surprise you to learn that there is more to a product liability lawsuit than alleging fault and proving your case. Like with many different legal matters, there is something called a statute of limitations regarding product liability cases. A statute of limitations places a limit on how long a plaintiff can bring a lawsuit regarding a certain case, and with very few exceptions, these statutes of limitations are strictly enforced.
The statute of limitations varies for different types of injuries, and each type of injury can often vary by state. For product liability cases, many states do not begin counting the statute of limitation time until the victim discovers the injury, or until the courts can reasonably assume that the victim should have discovered the injury. However, this is not the case for all states, and the amount of time still varies whether this discovery rule is in place or not.
The state of New York does not employ the discovery rule, meaning that the statute of limitations begins counting down whether you realize you have been injured by a defective product or not. The statute of limitations in New York is three years from the date of your injury, meaning that it is in your best interests to consult a doctor if you think you might have suffered an injury from a defective product.
Once you have established a strong likelihood that you were injured by a defective or dangerous product, it is important that you consult with an attorney about the aspects of your case quickly. The longer you delay, the higher the risk that you miss the statute of limitations deadline, at which point it will become much more difficult, if not impossible, to get the compensation you deserve.