Statute of Limitations for Product Liability
In New York, product liability suits brought under the theories of strict liability or negligence must be filed within three years after the cause of action occurred. N.Y. C.P.L.R. §214 (Consol. 2002). The general rule in New York is that a "cause of action" begins to toll from the time the cause of action is accrued.N.Y. C.P.L.R. § 203 (Consol. 2002). Some states have a "discovery rule" where the cause of action does not occur until the plaintiff discovers or should have discovered that they were injured by the defendant's conduct. New York does not follow this rule generally, but there is one exception. Causes of action relating to toxic substances do not begin to toll until the time when the plaintiff discovers the exposure to the dangerous substance. N.Y. C.P.L.R. § 214-c (Consol. 2002). 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 six years after the cause of action occurred. N.Y. C.P.L.R. §213 (Consol. 2002).. Similar to strict liability and negligence cases, a "cause of action" occurs when the cause of action is accrued. If you do not file a lawsuit within this time, you cannot sue.
In product liability cases it is essential that measures be taken promptly to preserve evidence, document the chain of custody of the product in question, and to enable engineers or other expert witnesses to thoroughly evaluate the product and your injuries. If you or a loved one has been injured by a product of any kind, call Law Offices of Kerner & Kerner, P.C. now at 212-964-1098 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.
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