When a dangerous or defective product injures you or a family member, you have the right to sue for money damages. Under Connecticut’s statute of limitations, you must file your product liability lawsuit within three years from the date that the injury, death or property damage is first sustained or discovered.
That may seem like a generous period of time, but product liability cases require extensive preliminary work. If you wait until the three years are almost up, there may not be enough time for your personal injury lawyer to investigate the situation, gather evidence and do all the preparatory work needed. Ideally, you should reach out for legal advice shortly after your injury. This also allows you and your lawyer time to develop a working relationship.
In certain circumstances, Connecticut law gives you more than three years to file a claim. Under the “discovery rule,” the statute of limitations does not begin to run until the date you discover or should have discovered the injury. For example, imagine that you began using a pharmaceutical product in 2015. In 2021, you discovered that you’ve suffered organ damage. You would have until 2024 to file your claim, even though the product likely started harming you in 2015.
However, another provision, known as the statute of repose, sets an outside limit on how long you have to file a product liability case. A suit cannot be filed more than 10 years after the manufacturer or seller last possessed the product. This 10-year bar does not apply if there is a written warranty stating that the product may be used for a period of more than 10 years.
Considering the wide range of products that can cause injuries, it can be quite challenging to determine how long you have to file a claim. That is why it is essential to consult as soon as possible with a qualified Connecticut attorney who can assess the situation and advise you of your legal options.
The lawyers of Gesmonde, Pietrosimone & Sgrignari, L.L.C. have deep experience with product liability cases in Connecticut. You can arrange a free initial consultation by calling 203-745-0942 or contacting us online. We have offices in Hamden and East Haven and we can meet you virtually as well.
Gesmonde, Pietrosimone & Sgrignari, L.L.C. is located in Hamden, CT and serves clients in and around North Haven, Hamden, Waterbury, Bethany, Milford, Wallingford, Prospect, Woodbridge, Northford, Madison, Beacon Falls, Branford, Cheshire, North Branford, East Haven, Naugatuck, Meriden, Ansonia and New Haven County.
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