Products Liability: State-by-State Analysis of Statutes of Limitations

The toxic baby formula lawsuits involve claims for defective products against the manufacturers.  Specifically, that their products failed to warn parents of the associated health risks of the bad formula, which caused unsuspecting parents to give it to their prematurely born children.  As your toxic baby formula will explain, a product liability lawsuit must be filed within a period of time designated by each state called statutes of limitations. In a majority of states, the time period does not start to run until the plaintiff who was injured discovered or should have discovered his or her injury, under the "discovery rule" which tools the start of the statute of limitations until the plaintiff actually discovers they were injured.  In a few states the time begins to run when the injury actually occurred.  

For example, your baby could have consumed toxic baby formula but you did not realize he was injured by doing so until sometime later when he developed NEC. Finally, some states have also enacted statutes of repose, which bar actions that are not brought within a specified period of time after some event has occurred, such as the initial sale of a product.
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A State-by-State Comparison of the Statutes of Limitations for Product Liability Claims
 

• Alabama             

An action must be brought within two years from the time when the injury is or should have been discovered.
 

• Alaska  

An action must be brought within two years from the time when the injury is or should have been discovered.
 

• Arizona

An action must be brought within two years from the time when the injury is or should have been discovered. The state has enacted a 12-year statute of repose that begins to run once the product is first sold. The statute of repose does not apply to actions based on negligence or breach of warranty.
 

• Arkansas             

An action must be brought within three years from the time when the injury is or should have been discovered.
 

• California            

An action must be brought within two years from the time when the injury is or should have been discovered.
 

• Colorado             

An action must be brought within two years from the time when the injury is or should have been discovered.
 

• Connecticut       

An action must be brought within two three years from the time when the injury is or should have been discovered. The state has enacted a 10-year statute of repose that begins to run once the manufacturer or seller has last parted with the product.
 

• Delaware            

An action must be brought within two years from the time when the injury is or should have been discovered.
 

• District of Columbia       

An action must be brought within three years from the time when the injury is or should have been discovered.
 

• Florida 

An action must be brought within four years from the time when the injury is or should have been discovered. The state has enacted a 12-year statute of repose, subject to various exceptions.
 

• Georgia

An action must be brought within two years from the time when the injury is or should have been discovered or one year from the date on which death has occurred. The state has enacted a 10-year statute of repose, subject to various exceptions.
 

• Hawaii  

An action must be brought within two years from the time when the injury is or should have been discovered.
 

• Idaho   

An action must be brought within two years of the date on which the injury occurred. The state has enacted a 10-year statute of repose, subject to various exceptions.
 

• Illinois  

An action must be brought within two years of the date on which the injury occurred. The state has enacted a 12-year statute of repose that begins to run once the product is sold and a 10-year statute of repose that begins to run once the product is delivered to the first owner.
 

• Indiana

An action must be brought within two years of the date on which the injury occurred. The state has enacted a 10-year statute of repose.
 

• Iowa     

An action must be brought within two years of the date on which the injury occurred.
 

• Kansas 

An action must be brought within two years of the date on which the injury occurred.
 

• Kentucky            

An action must be brought within one year of the date on which the injury occurred. If injury, death, or property damage does not occur within eight years of the product's use, then this creates a rebuttable presumption that the product does not contain a defect.
 

• Louisiana            

An action must be brought within one year of the date on which the injury occurred. This statute does not apply to minors.
 

• Maine  

An action must be brought within six years of the date on which the injury occurred.
 

• Maryland            

An action must be brought within three years of the date on which the injury occurred.
 

• Massachusetts

An action must be brought within three years of the date on which the injury occurred.
 

• Michigan             

An action must be brought within two years of the date on which the injury occurred. If a product is in use for more than 10 years, then liability cannot be based on strict liability.
 

• Minnesota         

An action must be brought within four years of the date on which the injury occurred.
 

• Mississippi         

An action must be brought within two years of the date on which the injury occurred.
 

• Missouri              

An action must be brought within five years of the date on which the injury occurred.
 

• Montana            

An action must be brought within three years of the date on which the injury occurred.
 

• Nebraska            

An action must be brought within four years of the date on which the injury occurred. The state has enacted a 10-year statute of repose, which begins to run from the date in which a product is first sold.
 

• Nevada

An action must be brought within four years of the date on which the injury occurred.
 

• New Hampshire

An action must be brought within three years of the date on which the injury occurred, except where a legal duty has been imposed by the government, in which case the action must be brought within six years. The state has enacted a 12-year statute of repose, which begins to run once the product is manufactured and sold.
 

• New Jersey        

An action must be brought within two years of the date on which the injury occurred.
 

• New Mexico      

An action must be brought within three years of the date on which the injury occurred.
 

• New York            

An action must be brought within three years of the date on which the injury occurred.
 

• North Carolina  

An action must be brought within six years from the date of the initial purchase.
 

• North Dakota    

An action must be brought within 10 years from the date of the initial purchase or within 11 years of the date of manufacture.
 

• Ohio     

An action must be brought within two years of the date on which the injury occurred.
 

• Oklahoma          

An action must be brought within two years of the date on which the injury occurred.
 

• Oregon

An action must be brought within two years of the date on which the injury occurred. The state has enacted an eight-year statute of repose.
 

• Pennsylvania    

An action must be brought within two years of the date on which the injury occurred.
 

• Rhode Island     

An action must be brought within three years of the date on which the injury occurred.
 

• South Carolina  

An action must be brought within three years of the date on which the injury occurred.
 

• South Dakota    

An action must be brought within three years of the date on which the injury occurred. The state has enacted a six-year statute of repose, which begins to run after purchase.
 

• Tennessee         

An action must be brought within four years of the date on which the injury occurred. The state has enacted a statute of repose that runs six years after an injury and 10 years after the initial purchase of a product.
 

• Texas   

An action must be brought within two years of the date on which the injury occurred.
 

• Utah     

An action must be brought within two years of the date on which the injury occurred.
 

• Vermont             

An action must be brought within three years of the date on which the injury occurred.
 

• Virginia

An action must be brought within two years of the date on which the injury occurred.
 

• Washington       

An action must be brought within two years of the date on which the injury occurred. The state has enacted a 12-year statute of repose.
 

• West Virginia     

An action must be brought within two years of the date on which the injury occurred.
 

• Wisconsin           

An action must be brought wit