Individuals who have suffered injuries caused by a defective product are entitled to monetary compensation from all entitied in the line of commerce including product manufacturers, designers and distributors. The statute of limitations, or the time period a victim has to file a case in the court of law, is determined by the jurisdiction where the case will be tried. Failure to file a claim within the statutorily allotted time period will eliminate your right to recovery. Some of the most common product liability litigation in the United States includes
- Defective manufacturing of motor vehicles including cars, trucks, motorcycles, and mechanized farming equipment and well as defective automobile parts.
- Product liability claims against manufacturers of defective medical devices ranging from Laparoscopic medical systems, and Transvaginal mesh implants, to Hip and Knee implants.
- Manufacturers of Defective consumer products including manufacturers of child toys, electronic devices, household appliances and power tools.
- Designers and manufacturers of pharmaceutical medications resulting in dangerous side effects and allergic reactions.
Who is Able to Represent Me – What if I live in a different state?The vast majority product liability lawsuits are handled in Federal Court thus allowing an attorney from one state to represent a client any other state in the Nation. For example a product liability law firm from the state of California may be able to represent a victim of a defective product in the state of Michigan and vice versa. In such matters our offices coordinate with you and obtain permission to access necessary medical data in order to evaluate and analyze your case. After analyzing the facts and details pertaining to your case, we will file with the proper Federal Court and begin pursuing your case.
What if the Time Period to Filing My Claim has Run Out – Exceptions to The Statute of LimitationsUnder certain circumstances court may grant halting, otherwise know and tolling, of the statute of limitations. The most common instances where courts have granted plaintiffs a tolling of a statute are as follow
- Mental incapacitation of the victim
- Physical incapacitation of the victim
- The injury or harm did not manifest itself until sometime after the incident had taken place
- The harmed individual was under the age of 18 – generally minors have two years from the date of their 18th birthday to file a claim