Personal Injury Deadlines
Statute of Limitations and Repose
There are statutes in each state that limit the deadline to file personal injury medical device and pharmaceutical product liability claims. The deadlines are governed by the statutes of limitations and statutes of repose that are passed by state legislators. These statutes are passed to limit the time that a manufacturer of a dangerous device can be held responsible and pay compensation to an injured person. Statutes of repose are an absolute barrier to limit potential liability by setting a fixed limit
after the time of the product’s manufacture, sale or delivery beyond which the product seller will not be held liable. While an ordinary statute of limitations begins running when the plaintiff’s cause of action accrues, typically when the plaintiff is injured or discovers he or she has been injured, the period contained in the statute of repose begins when a specific event occurs, regardless of whether a cause of action has accrued or whether any injury has resulted. The time of the occurrence or
discovery of the plaintiff’s injury is not a factor in the operation of a statute of repose.
Statutes of Limitations
for personal injury claims vary in each state from 1 year to 6 years. In most states, the time limit begins to run when an injured person discovers or should have discovered the injury from the product or drug. This is known as the Discovery Rule. However, some states do not recognize the discovery rule. In those states, the time limit begins when the injury actually occurred, regardless of whether the injury is discovered by the plaintiff. Sound unfair?
In medical device product liability injury cases, some courts 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 and use the date the injury was first noted in the medical records. In drug litigation, this date may begin to run when the FDA warning or recall notice is issued.
Statutes of Repose
Additionally, some states enacted statutes of repose, which further limits the time to file claims by the medical device’s date of sale or delivery of the drug or device. Statutes of repose typically are not affected by the discovery rule, so claims can be barred before a claimant even discovers the injury. There may be other time limits for product liability claims, such as strict liability, fraud and warranty. There are eighteen states with conservative statutes of repose which limit individual’s rights. These 18 states include: Colorado, Connecticut, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Nebraska, North Carolina, Ohio, Oregon, Tennessee, Texas, Washington, Wisconsin.
Contact us at carolyn@carolynstclair.com or call 800-814-4540 if you need assistance calculating the statute of limitations.
Statutes of limitations and statutes of repose both set specific time limitations on product liability and drug claims and are briefly listed below.
Deadlines by State
| Alabama
2 years |
SOL: Two years after the injury is or should have been discovered.
Statute of Repose: None |
| Alaska
2 years |
SOL: Two years after the injury is or should have been discovered.
Statute of Repose: None |
| Arizona
2 years |
SOL: Two years after the injury is or should have been discovered.
Statute of Repose: None |
| Arkansas
3 years |
SOL: Three years after the injury is or should have been discovered.
Statute of Repose: None |
| California
2 years |
SOL: Two years after the injury is or should have been discovered.
Statute of Repose: None |
| Colorado
SOL: 2 years Repose: 10 years |
SOL: Two years after the injury is or should have been discovered.
Statute of Repose: 10 years. Presumption of non-defectiveness 10 years after sale or consumption of the product. |
| Connecticut
SOL: 3 years Repose: 10 years |
SOL: Three years after the injury is or should have been discovered.
Statute of Repose: 10 years |
| Delaware
SOL: 2 years |
SOL: Two years after the injury is or should have been discovered.
Statute of Repose: None |
| D. C.
SOL: 3 years |
SOL: Three years after the injury is or should have been discovered.
Statute of Repose: None |
| Florida
SOL: 2 years Repose: 12 years |
SOL: Two years after the injury is or should have been discovered. (Changed from 4 years by the legislature in 2024)
Statute of Repose: 12 years after delivery of product, exception for latent disease or injury or fraudulent concealment. |
| Georgia
SOL: 2 years 1 year for death Repose: 10 years |
SOL: Two years after the injury is or should have been discovered or one year from the date on which death has occurred.
Statute of Repose: 10 years after sale for use or consumption |
| Hawaii
SOL: 2 years |
SOL: Two years after the injury is or should have been discovered.
Statute of Repose: None |
| Idaho
SOL: 2 * years Repose: 10 years |
SOL: Two years after the injury occurred.
*No discovery rule. Statute of Repose: 10 years after time of delivery |
| Illinois
SOL: 2 years Repose: 10 – 12 years |
SOL: Two years after the injury is or should have been discovered.
Statute of repose: 10 years after the purchase unless brought within 2 years of discovery of injury or 12 years after first sale |
| Indiana
SOL: 2 years Repose: 10 years |
SOL: Two years after the injury is or should have been discovered.
Statute of repose: 10 years after delivery of product |
| Iowa
SOL: 2 years Repose: 15 years |
SOL: Two years after the injury is or should have been discovered.
Statute of repose: 15 years after product purchase |
| Kansas
SOL: 2 years Repose: 10 years |
SOL: Two years after the injury is or should have been discovered.
Statute of Repose: 10 years after delivery rebuttable by clear and convincing evidence |
| Kentucky
SOL: 1 year Repose: 5 – 8 years |
SOL: One year after the injury is or should have been discovered.
Statute of Repose: 5 years after the date of sale, 8 years after manufacture rebuttable by a preponderance of the evidence |
| Louisiana
SOL: 1 year |
SOL: One year after the injury is or should have been discovered.
Statute of Repose: None |
| Maine
SOL: 6* years |
SOL: Six years when the wrongful act is coupled with an injury.
No discovery rule.* Statute of Repose: None |
| Maryland
SOL: 3 years |
SOL: Three years after the injury is or should have been discovered.
Statute of Repose: None |
| Massachusetts
SOL: 3 years |
SOL: Three years after the injury is or should have been discovered.
Statute of Repose: None |
| Michigan
SOL: 3* years
|
SOL: Three years after the injury occurred. No discovery rule.*
Statute of Repose: None |
| Minnesota
SOL: 4-6 years |
SOL: Four – six years after the injury is or should have been discovered.
Statute of Repose: None, but expiration of the useful life of a product is a jury issue |
| Mississippi
SOL: 3 years |
Three years after the injury is or should have been discovered.
Statute of Repose: None |
| Missouri
SOL: 5 years |
SOL: Five years after the injury is or should have been discovered.
Statute of Repose: None |
| Montana
SOL: 3 years |
SOL: Three years after the injury is or should have been discovered.
Statute of Repose: None |
| Nebraska
SOL: 4 years Repose: 10 years |
SOL: Four years after the injury is or should have been discovered.
Statute of Repose: 10 years if manufactured in NE/if outside of NE, the state of manufacture’s statute of repose |
| Nevada
SOL: 2 years |
SOL: Two years after the injury is or should have been discovered.
Statute of Repose: None |
| New Hampshire
SOL: 3 year |
SOL: Three years after the injury is or should have been discovered.
Statute of repose: None |
| New Jersey
SOL: 2 years |
SOL: Two years after the injury is or should have been discovered.
Statute of Repose: None |
| New Mexico
SOL: 3 years |
SOL: Three years after on which the injury occurred.
Statute of Repose: None |
| New York
SOL: 3 years |
SOL: Three years after the injury is or should have been discovered.
Statute of Repose: None |
| North Carolina
SOL: 6 years Repose: 12 years |
SOL: Six years after the injury is or should have been discovered.
Statute of Repose: Twelve years after purchase or consumption. |
| North Dakota
SOL: 6 years |
SOL: 6 years
Statute of Repose: None
|
| Ohio
SOL: 2 years Repose: 10 years |
SOL: Two years after the injury is or should have been discovered.
Statute of Repose: 10 years after delivery, discovery rule applies to prescription drugs |
| Oklahoma
SOL: 2 years |
SOL: Two years after the injury is or should have been discovered.
Statute of Repose: None |
| Oregon
SOL: 2 years Repose: 10 years |
SOL: Two years after the injury is or should have been discovered.
Statute of repose: The later of 10 years after product’s first purchase or expiration of SOR in state of manufacture. |
| Pennsylvania
SOL: 2 years |
SOL: Two years after the injury is or should have been discovered.
Statute of Repose: None |
| Rhode Island
SOL: 3 years |
Three years after the injury is or should have been discovered.
Statute of Repose: None |
| South Carolina
SOL: 3 years |
SOL: Three years after the injury is or should have been discovered.
Statute of Repose: None |
| South Dakota
SOL: 3 years |
SOL: Three years after the injury is or should have been discovered.
Statute of Repose: None |
| Tennessee
SOL: 1 year Repose: 6 – 10 years |
SOL: One year after the injury is or should have been discovered.
Statute of Repose: 6 years from date of injury, 10 years from date of purchase or 1 year from expiration of anticipated product life, whichever is shorter. |
| Texas
SOL: 2 years Repose: 15 years |
SOL: Two years after the injury is or should have been discovered.
Statute of repose – 15 years after date of sale by Defendant |
| Utah
SOL: 2 years |
SOL: Two years after the injury is or should have been discovered.
Statute of Repose: None |
| Vermont
SOL: 3 years |
SOL: Three years after the injury is or should have been discovered.
Statute of Repose: None |
| Virginia
SOL: 2* years |
SOL: Two years after the injury is sustained. *No discovery rule.
Statute of Repose: None |
| Washington
SOL: 3 years Repose: 12 years |
SOL: Three years after the injury is or should have been discovered.
Statute of Repose: Rebuttable presumption if more than 12 years after delivery occurred or expiration of products’ useful life. Exceptions for express warranty, concealment, latent injuries. |
| West Virginia
SOL: 2 years |
SOL: Two years after the injury is or should have been discovered.
Statute of Repose: None |
| Wisconsin
SOL: 3 years Repose: 15 years |
SOL: Three years after the injury occurred.
Statute of Repose: 15 years from manufacturer’s date for strict liability, exceptions for negligence, latent disease, express warranty and asbestos actions |
| Wyoming
SOL: 4 years |
SOL: Four years after the injury is or should have been discovered.
Statute of Repose: None |
