Statute of Limitations for Product Liability

In Florida, product liability suits brought under the theories of strict liability or negligence must be filed within two years after the cause of action occurred. Fla. Stat. § 95.11. Generally, a "cause of action" does not occur until the plaintiff discovers or should have discovered that they were injured by the defendant's conduct. If you do not file a lawsuit within this time, you cannot sue.

If the lawsuit is based on contract law, as in the case of a breach of warranty, you must file it within four years after the cause of action occurred. Fla. Stat. § 95.11 . Similar to strict liability and negligence cases, a "cause of action" here does not occur until the plaintiff discovers, or should have discovered, that there was a breach of contract. If you do not file a lawsuit within this time, you cannot sue.

In addition to typical statutes of limitations, state legislatures have also enacted special statutes of limitations for certain types of actions to put outside time limits on certain types of lawsuits. These are referred to as statutes of repose. Statutes of repose typically place an outside limit (usually 10, 15 or 20 years) on certain types of lawsuits, regardless of when the injury is discovered. In Florida, injured victims cannot file a product liability suit more than 12 years after delivery of the product to its first purchaser. Fla. Stat. § 95.031.

 


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