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Castle Law Office

Q
How Long Do I Have to File a Product Liability Case?

A

A statute of limitations is the maximum time after an event that a person can file a lawsuit based on that event. These statutes vary by state, as well as by cause of action.

In Missouri, product liability claims must be made within five years after you have suffered the injury. The statute of limitations begins on a minor’s 21st birthday, except in cases of medical malpractice or wrongful death.

In Kansas, generally, product liability claims made under negligence theories must be filed within two years after you have suffered a substantial injury, and those claims made under strict liability theories must be filed within two years after the injury occurs. Your product liability attorney can help you determine which theory relates to your case.

Product liability claims can also be affected by the useful life of the product, which is presumed to end a certain number of years from the time you received the product. This rule varies by state, has many exceptions, and doesn't apply to injuries caused by a defective product that weren't discovered until a later date.

Except in cases of wrongful death, minors have one year after their 18th birthday to file a claim, but no more than eight years after the incident that caused the injury.

If you believe you have a product liability case, it is important to contact a product liability attorney as soon as possible, as most cases are time-sensitive. Call us today at 816-842-7100 to speak with an attorney that will fight to get you the compensation you deserve. Or you can click here to email us and schedule your free consultation. 

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