Statute of Limitations in Products Liability Litigation

When a person suffers personal injury or property damage due to a product that is defectively designed or manufactured, the injured person has a set time period (called the statute of limitations) in which to file a lawsuit. Statutes of limitations restrict the time period a person has to file a lawsuit. Statutes of limitations vary from state to state. They also vary depending upon the type of lawsuit filed. For example, Ohio law allows a person 6 years to sue for breach of an oral contract and 15 years to sue for breach of a written contract. The Ohio wrongful death law requires a lawsuit to be filed within 2 years after the death occurs. If a claim expired due to the statute of limitations, the defendant (the person being sued) has to raise the statute of limitations as a defense in the lawsuit. If the defense is raised in court, the lawsuit will be barred. If the defendant fails to raise the defense, it is waived and the lawsuit can proceed.

Food-borne Illness from Fresh Produce

Food-borne illness is caused by pathogens--bacteria (E. coli, Salmonella, Listeria, Shigella), parasites (Giardia, Cyclospora, Cryptosporidium), and certain viruses (hepatitis A). Typical symptoms of foodborne illness include diarrhea, abdominal cramping, fever, headache, vomiting, and exhaustion.

Government Contract Defense in Products Liability Lawsuits

Under the doctrine of sovereign or governmental immunity, the government cannot be sued for its actions unless it gives permission. Federal, state and local governments have waived sovereign immunity in some circumstances by statute. For example, the Federal Tort Claims Act permits a lawsuit against the federal government for damages resulting from the negligent or intentional injury by a federal employee acting in the scope of his/her job.

Defenses in Products Liability Lawsuits

Products liability is an area of law that covers personal injuries and property damage caused by defective products. A product might be defective because it was improperly designed or manufactured. If a defective product causes personal injuries or property damage, anyone involved in the manufacture or distribution of the product might be liable for injuries caused by the defect. In many states, you can sue the manufacturer, the wholesaler, the distributor, or the store where the defective product was purchased. There are several defenses that can be raised in a products liability lawsuit. This article covers the following defenses: statutes of limitations, contributory negligence and comparative negligence, product misuse and assumption of risk.

Motor Vehicles

Motor vehicles can have design defects and manufacturing defects. If a defect causes harm to a consumer, the manufacturer can be held liable for damages. You have probably heard of a manufacturer "recalling" an automobile or an automobile part because it is defective. The manufacturer will generally repair or replace the defective part or automobile without charge. The National Highway Traffic Safety Administration publishes recall information and also issues safety alerts and warnings about vehicles.