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

A “statute of limitations” defense to a product liability claim is a legal defense used in cases involving the sale or distribution of a faulty or dangerous product. In South Carolina, the product liability statute of limitations states that a claim must be filed within three years of the date of the sale or distribution of the product in question. This means that after three years has passed, the defendant can raise a “statute of limitations” defense and argue that the plaintiff’s claim is too late and cannot be heard. The purpose of a statute of limitations defense is to protect the interests of businesses and manufacturers from having to defend themselves against claims that are too old to be valid. In product liability cases, this defense may be used to argue that the plaintiff is out of time and thus cannot bring their claim against the manufacturer. The success of a “statute of limitations” defense depends on the particular facts of a case and the defense itself may be varied or modified based on the individual facts of the case. Generally, the defense of a statute of limitations will only be successful if the plaintiff did not file their claim within the allotted three year period. The defendant will need to show that the three-year period has expired in order to win their case. In South Carolina, the statute of limitations can be extended if certain conditions are met such as if the injury was “latent” or not immediately apparent. However, under these conditions, the plaintiff must file their claim within two years of the date of injury, rather than the three-year period from the initial sale of the product.

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

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