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 defense that can be used by a defendant in a product liability case. The statute of limitations defense indicates that the claims of the plaintiff are no longer valid because too much time has passed since the incident occurred. In North Carolina, the statute of limitations on a product liability claim is three years. This means that a plaintiff must file the product liability claim within three years of the incident that caused the injury. If they do not do so, their claim may be dismissed altogether. In addition, the statute of limitations for product liability claims in North Carolina is “discovery of harm”. This refers to the fact that the statute of limitations does not begin to run until the day after the plaintiff discovers, or should have discovered, their injury. This means that if the plaintiff discovers their injury more than three years after the incident that caused it, they may still be able to file a product liability claim for it. Although the statute of limitations for product liability claims in North Carolina is three years, this can vary from state to state. It is important for those considering filing a product liability claim to research the laws of their specific state as they may have different statutes of limitations.

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