Statute of Limitations
In the majority of states, the statute of limitations begins to run when an injured person discovers or should have discovered the injury from the product. This is known as the Discovery Rule. However, some states begin this time period when the injury actually occurred, regardless of whether the injury is discovered by the plaintiff. Some courts will interpret the date of the injury as the date that a defective medical device is surgically removed or revised. Other courts will use a date earlier than the actual surgery date. Some states also impose a statute of repose which bars actions that are not brought within a certain period of time. Contact us at carolyn@carolynstclair.com or call 800-814-4540 if you need assistance calculating the statute of limitations.
Statutes of Limitations by State
A claim must be brought within:
| Alabama – 2 | two years after the injury is or should have been discovered. |
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Alaska – 2 |
two years after the injury is or should have been discovered. |
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Arizona – 2 |
two years after the injury is or should have been discovered. 12-year statute of repose |
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Arkansas – 3 |
three years after the injury is or should have been discovered. |
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California – 2 |
two years after the injury is or should have been discovered. |
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Colorado – 2 |
two years after the injury is or should have been discovered. |
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Connecticut – 2 |
two three years after the injury is or should have been discovered. 10-year statute of repose. |
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Delaware – 2 |
two years after the injury is or should have been discovered. |
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DC – 3 |
three years after the injury is or should have been discovered. |
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Florida – 4 |
four years after the injury is or should have been discovered. 12-year statute of repose |
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Georgia – 2/1 |
two years after the injury is or should have been discovered or one year from the date on which death has occurred. 10-year statute of repose |
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Hawaii – 2 |
two years after the injury is or should have been discovered. |
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Idaho – 2 |
two years after the injury occurred. 10-year statute of repose. |
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Illinois – 2 |
two years after the injury is or should have been discovered. 10 – 12-year statute of repose |
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Indiana – 2 |
two years after the injury is or should have been discovered. 10-year statute of repose. |
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Iowa – 2 |
two years after the injury is or should have been discovered. 15-year statute of repose. |
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Kansas – 2 |
two years after the injury is or should have been discovered. 10-year statute of repose. |
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Kentucky – 1 |
one year after the injury is or should have been discovered. If injury, death, or property damage does not occur within eight years of the product’s use…product does not contain a defect. |
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Louisiana – 1 |
one year after the injury occurred…does not apply to minors. |
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Maine – 6 |
six years after the injury is or should have been discovered. |
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Maryland – 3 |
three years after the injury is or should have been discovered. |
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Massachusetts – 3 |
three years after the injury is or should have been discovered. |
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Michigan – 3 |
three years after the injury occurred. If a product is in use for more than 10 years, no strict liability. |
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Minnesota – 4 |
four years after the injury is or should have been discovered. |
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Mississippi – 3 |
three years after the injury is or should have been discovered. |
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Missouri- 5 |
five years after the injury is or should have been discovered. |
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Montana – 3 |
three years after the injury is or should have been discovered. |
| Nebraska – 4 |
four years after the injury is or should have been discovered. 10-year statute of repose |
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Nevada – 2 |
two years after the injury is or should have been discovered. |
| New Hampshire – 3 |
three years after the injury is or should have been discovered. 12-year statute of repose |
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New Jersey – 2 |
two years after the injury is or should have been discovered. |
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New Mexico – 3 |
three years after on which the injury occurred. |
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New York- 3 |
three years after the injury is or should have been discovered. |
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North Carolina – 6 |
six years after the injury is or should have been discovered. |
| North Dakota – 10 |
10 years from the date of the initial purchase or within 11 years after of manufacture. |
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Ohio – 2 |
two years after the injury is or should have been discovered. |
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Oklahoma – 2 |
two years after the injury is or should have been discovered. |
| Oregon – 2 |
two years after the injury is or should have been discovered. 10 year statute of repose. |
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Pennsylvania – 2 |
two years after the injury is or should have been discovered. |
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Rhode Island- 3 |
three years after the injury is or should have been discovered. |
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South Carolina – 3 |
three years after the injury is or should have been discovered. |
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South Dakota – 3 |
three years after the injury is or should have been discovered. |
| Tennessee – 1 |
one years after the injury occurred. statute of repose 6 – 10 years. |
| Texas – 2 |
two years after the injury is or should have been discovered. statute of repose – 15 years |
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Utah – 2 |
two years after the injury is or should have been discovered. |
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Vermont – 3 |
three years after the injury is or should have been discovered. |
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Virginia – 2 |
two years after the injury occurred. |
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Washington – 3 |
three years after the injury is or should have been discovered. |
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West Virginia – 2 |
two years after the injury is or should have been discovered. |
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Wisconsin -3 |
three years after the injury occurred. |
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Wyoming – 4 |
four years after the injury is or should have been discovered. |
