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Statute of Limitations for Product Liability

In Michigan, product liability suits brought under the theory of negligence and must be filed within three years after the cause of action occurred. M.L.C. § 600.5805(9).. A "cause of action" does not occur until the plaintiff discovers or should have discovered that they were injured by the defendant's conduct. Larson v. Johns-Manville Sales Corp., 427 Mich. 301, 399 N.W. 2d 1 (1986); Berrios v. Miles Inc., 226 Mich. App. 470, 574 N.W. 2d 677, (1997). If you do not file a lawsuit within this time, you cannot sue.

If the lawsuit is based on contract law, there are two separate time lines. If the action is based on an implied warranty you must file your lawsuit within three years. M.C.L. § 600. 5805. If the lawsuit is based on an express warranty, as in a contract for sale, you must file your claim within four years. M.C. L. § 440.2725. See also Huhtala v. Travelers Ins. Co., 401 Mich. 118, 257 N.W. 2d 640, (1977). Similar to 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. Mascasenas v. Union Carbide Corp., 196 Mich. App. 240, 492 N.W. 2d 512 (1992). 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 Michigan, medical malpractice lawsuits must be brought within two years of the act or omission, but if the injury is not discovered within two years, a plaintiff may bring a claim for a maximum period of six years, although within that time frame, the claim must be brought within six months from when the injury is discovered or should have been discovered. MCL § 600.5838a(2). The legislative purpose behind this law is to preclude stale claims against medical practitioners whose actions occurred a long time in the past. Shawl v. Dhital, 209 Mich. App. 321.

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 Buchanan & Buchanan, P.L.C. now at (800)272-4080 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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The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use.