What are the statutes of limitations governing product liability claims?

In South Dakota, the statutes of limitations governing product liability claims depend on the type of claim made. Generally, product liability claims must be brought within three years from the date of the product’s delivery to the user or consumer, or within one year from the time the plaintiff discovers or should have discovered the product’s defect. Additionally, all product liability claims must be brought within six years from the product’s delivery, even if the plaintiff was unaware of the product’s defect during that time. In some cases, there are exceptions to these statutes of limitations. For instance, if the product is considered a “fatal product,” meaning a product that is proven to cause death, the claim must be brought within one year of death. Similarly, if a manufacturer fraudulently concealed a product’s defect, the statute of limitations may be extended. Ultimately, the decision of which statute of limitations applies to a product liability case is determined by a court. It is important to keep in mind that filing a claim after the statute of limitations has expired will not be successful and will likely be dismissed by a court. Moreover, failure to file a product liability claim on time may also be used as evidence of negligence against the plaintiff in a personal injury claim. Thus, it is important to seek legal advice as soon as possible in order to determine which statute of limitations pertains to a particular claim and to make sure the claim is filed in a timely fashion.

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What are the statutes of limitations governing product liability claims?

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