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

A "statute of limitations" defense is a legal defense to a product liability claim in which the defendant, generally a manufacturer or distributor, argues that the lawsuit is barred by the applicable statute of limitations. The statute of limitations is a law that sets a limit on how long after an injury or wrongful act is discovered, the person claiming an injury must file a lawsuit. In Utah, the product liability statute of limitations is two years from the date of injury or wrongful act. The defendant can use the statute of limitations defense to argue that the plaintiff should have noticed the injury or wrong committed before the statute of limitations had expired, and therefore the plaintiff is barred from filing a lawsuit. A successful statute of limitations defense will bar the plaintiff’s product liability claim, regardless of the merits of the case. In cases involving product liability, the defense of statute of limitations can become complex, as the plaintiff may not be aware of the injury at the time the wrongful act is committed. In such cases, courts generally look to whether the plaintiff had knowledge or should have reasonably had knowledge of the injury or wrongful act. This is known as the Discovery Rule. In Utah, the product liability statute of limitations is generally two years, however, for claims brought against an employer, the statute of limitations is three years. Additionally, there is also a "statute of repose" in Utah which prohibits product liability claims to be brought more than ten years after the alleged wrongful act.

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

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