In Florida, action must be taken in four years from the time the injury is discovered or should have been discovered. The statute of repose is 12 years but may be subject to various exceptions. For example, if you discover the injury on January 1, 2016, you must file a Florida product liability claim by January 1, 2020.
A product liability claim must be filed within the period established by each state. In most states, this period does not begin until the claimer or the person who has been injured discovered or should have discovered the injury, this being called the discovery rule.
Also, in some states, this period begins when the injury actually occurred. Also, there are states that have enacted statutes of repose, this meaning that the plaintiff has to file the lawsuit in a specific period after the injury to not be barred from receiving compensation. For example, in Florida, action must be taken in four years after discovering that the product you have bought and used is defective. Moreover, this state has enacted a statute of repose of twelve years with some possible exceptions, of course.
Product liability cases are quite complex. To find out who is guilty of the damage or injury it is often necessary the assistance and the opinion of an expert. Not to mention that each state has its laws and this might affect the product liability action. Therefore, if you or your loved ones suffered injury because of a defective device, we recommend you to contact our Miami based office today by calling 305.416.9805.