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

A “statute of limitations” defense to a product liability claim is a rule that states that a claim for certain injuries must be made within a specified period of time. In South Dakota, the statute of limitations for filing a product liability suit is two years from the date of injury, and any claims must be brought within that period or they will likely be barred. The statute of limitations defense applies to the claims of negligence, strict liability, implied warranty, and breach of warranty. Basically, the defense gives a defendant the ability to avoid liability or damages if a plaintiff fails to initiate a lawsuit within a certain period of time. This defense allows defendants to avoid being held liable for any claims that are more than two years old. The South Dakota Supreme Court has determined that the two year statute of limitations defense can be overcome if the plaintiff can show that the defendant had notice of any defect before the two-year period. This means that a plaintiff may be able to bring a claim if they can prove that the defendant had knowledge of a potential defect prior to the two years. Overall, the statute of limitations defense gives defendants the ability to avoid liability if they can show that the plaintiff failed to file a claim within the specified period of time. This defense is applicable to all product liability claims in South Dakota and provides defendants with a method of escaping liability for product defects.

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

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