As products defense counsel, a nearly “ideal” litigation path—other than one that never begins—is having the case against your client dismissed early. One avenue for early dismissal is establishing that the case is time-barred. There are important considerations in assessing whether a products action is barred that go beyond statutes of limitations (SOL).
Generally, a claim begins to accrue at the time of “injury.” SOLs vary depending on whether the action is for personal injury, property damage, breach of contract or warranty, negligence, strict liability, etc. Therefore, ask yourself: What is the alleged injury? What is the date of injury? Does the plaintiff allege a date of injury and/or a date of product use?
Click to read full article: A New Attorney’s Brief Guide to Assessing the Timeliness of a Products Action