What is the statute of limitations for product liability claims?
In West Virginia, the statute of limitations for product liability claims is two years from the date of the injury or damage. The product liability claim must be filed within two years of the date that the injury occurred. If the plaintiff fails to file within two years, the claim may be barred and they may not be able to recover damages. It is important to note that there are two kinds of product liability claims in West Virginia. The first is a strict liability claim, which means a person can recover damages even if the product wasn’t defectively manufactured or designed. The second kind of claim is based on negligence, which holds a manufacturer or seller liable for not exercising reasonable care when designing or selling a product. In most cases, the two-year statute of limitations applies to both types of claims. However, there are some exceptions. For example, if the manufacturer or seller has hidden a defect in the product, the statute of limitations may be extended and the plaintiff may have more time to bring a claim. It is important to remember that the two-year statute of limitations is a hard deadline and claims must be filed before it expires. It is important to speak to an experienced attorney to determine your legal rights and options. An attorney can help to ensure that you have a valid product liability claim and that your rights are protected.
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