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What is New York’s defective product statute of limitations?

On Behalf of | Aug 7, 2015 | Products Liability

For any case, whether it be civil or criminal, it is extremely important to be aware of the statute of limitations, because if its time-limit expires, it is almost impossible to file a claim, no matter how valid the claim may be. This can become even more complex when you consider that the statute of limitations varies depending on the type of case, and each type of case may have a different statute of limitations depending on the state.

If you have been injured by a defective product, you should know that the statute of limitations for such an injury in New York is three years. In some states, the countdown for this 3 year period begins as soon as the injury occurs, but not all injuries are apparent at first, which is why New York tends to begin the countdown from the point when the injured party should have reasonably been expected to know that they were injured due to a defective product.

What this means is that if you discover that you are injured, and you believe your injury was caused by a product that is dangerous or defective by design or by manufacturing flaw, you have three years to file a claim against the company responsible for the product, whether they knew it was defective or not. However, if you wait longer than three years, it will be extremely difficult for you to file a claim.

Three years may seem like a long time, but that is no reason to drag your feet about a product liability case. As soon as you discover that you were injured by a defective product, it is in your best interests to contact an attorney to learn more about your rights. Consulting with an attorney quickly will give you more time to build a solid case, which could lead to more compensation depending on the circumstances