What is a “statute of limitations” defense to a product liability claim?

A statute of limitations defense to a product liability claim is a type of legal argument in which a defendant attempts to avoid liability for a product-related injury or death by arguing that the plaintiff waited too long to bring the claim to court. This defense is based on the statute of limitations laws established in each state. In New York, the statute of limitations for product liability claims is three years from the date of the injury or death. The statute of limitations defense is routinely used in product liability cases. In many cases, injured parties may not recognize the connection between the product and their injury until months or years after the use of the product in question. For example, an individual may purchase and use a product without any issue, but then develop an illness or other issue months or years later that may be linked to that product. The injured party may not even be aware that the product is to blame until long after the injury or death occurs. If the plaintiff brings the claim to court more than three years after the injury or death, the defendant may argue the statute of limitations as a defense. The defendant would have to demonstrate that the plaintiff waited too long to bring the claim and, as a result, the court no longer has jurisdiction to consider the case. This is a commonly used defense in product liability cases in New York and elsewhere.

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What is a “statute of limitations” defense to a product liability claim?

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