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Q
What Is the Statute of Limitations to File a Product Liability Lawsuit?

A

The statute of limitations is one of the most important laws to understand if you have a product liability claim. This is the time period during which you may sue any parties responsible for your injuries. If this window of opportunity closes, your case could be quickly dismissed, and you'll lose the right to pursue your claim.broken wires

Idaho’s Statute of Limitations in Product Liability Cases

There are two important deadlines for filing a product liability case in Idaho.
Under our state law, the following statute of limitations rules apply:

  • You must file your lawsuit within two years of your injuries.
  • Your lawsuit must be filed within the useful life span of the defective product. There is a presumption under the law that the useful life span of a product ends 10 years after the delivery of the product.

Special Rules for Claims Involving Children

If a product liability claim involves a child, there are two considerations. First, if the child is living, the statute of limitations is "tolled"—or put on hold for a time—due to the child's age. The clock begins to run on the claim once the child turns 18. However, the statute of limitations cannot be tolled for more than six years due to the child’s minor status.

Second, in a wrongful death action involving a minor, the two-year statute of limitations for filing a products liability lawsuit begins to run from the date of the child’s death.

What Should You Do If You Think You Waited Too Long to Sue?

Even if you think you waited too long to file a lawsuit and that the statute of limitations has expired, consult with an experienced product liability attorney immediately. There could be exceptions to the rules—either created by court cases or new statutes—that allow you to pursue your claim. If you or a family member was injured by a defective product, call our firm toll-free at 888.716.8021 to schedule a free, no-obligation consultation with Alan Morton.