Statute of Limitations for Product Liability
In Ohio, product liability suits brought under the theories of strict liability or negligence must be filed within two years after the cause of action occurred. A cause of action does not occur until the plaintiff discovers or should have discovered that they were injured by the defendant’s conduct. Allenius v. Thomas, 42 Ohio St. 3d 131, 538 N.E.2d 93 (1989). 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. O.R.C. Ann. § 2305.07. Similar to strict liability and 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. Cleveland Bd. of Educ. v. Lesko, No. 56596 Ohio App. Lexis 1452 (1990). 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 to place maximum 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. Ohio does not have statutes of repose because it is unconstitutional under Ohio law. State Ex Rel. Ohio Academy of Trial Lawyers v. Steward, 86 Ohio St. 3d 451, 75 N.E.2d 1062 (1999).
For more information about product liability claims, or if you would like to schedule a free consultation, call our experienced Cleveland product liability lawyers by calling (800) 365-0001. Don’t try to go this alone. Get the experienced, professional guidance you need to win your case.
The attorneys at the Eshelman Legal Group understand that no matter how cautious you are, others may not be so careful, and accidents do happen. So we hope you don’t need to, but if you are in a situation where you need the advice of an personal injury attorney, the Eshelman Legal Group is here to help you. For over 40 years we have been assisting accident victims, and we are here to assist you too... because “We’ll make things right.”
Ask yourself this question… who does the adjuster work for? The adjuster works for the insurance company, they do not work for you.