The National Safety Council reports that in 2024, product-related injuries rose a staggering 18.2%. This equates to over 15 million visits to emergency departments for Americans injured by consumer products. Many of these products were defective, toxic, poorly designed, or otherwise unsafe. United Nations Trade and Development (UNCTAD) also notes that unsafe consumer products cost the United States economy approximately $1 trillion every year, and personal injury lawsuits represent a considerable portion of these costs. When a person becomes injured by a defective product, they may have the opportunity to file a product liability lawsuit. This type of legal action has the potential to provide compensation for both economic and non-economic (psychological) damages.
However, injured victims should be aware of various restrictions and rules as they approach their lawsuits. One example is the statute of limitations, which has the potential to prevent victims from pursuing legal action. An experienced personal injury attorney in New Hampshire may be able to explain the statute of limitations in more detail. Continue this discussion by contacting Friedman & Bresaw, PLLC at (603) 707-4800.
What Is a Statute of Limitations?
A statute of limitations is a law that can prevent a party from taking legal action. There are statutes of limitations for criminal charges, contractual disputes, and of course, personal injury lawsuits. If a statute of limitations exists for a specific type of legal action, it prevents that legal action from occurring after a certain amount of time has passed. Once the statute of limitations “expires,” it is usually impossible to pursue legal action. Most people think of statutes of limitation as “legal time limits.”
What Is the Statute of Limitations for Product Liability in New Hampshire?
Under Chapter 508 of the New Hampshire Revised Statutes, the statute of limitations for personal actions (personal injury) is three years. In other words, victims have three years to file their claims after their product-related accidents. This applies not only to product liability lawsuits, but many other types of personal injury cases, such as car accidents or slip-and-fall claims.
Another relevant statute is 507-D:2, which specifically pertains to product liability claims. Under this statute, New Hampshire gives victims a separate, additional time limit of 12 years. This time limit begins when the victim purchases or obtains the product in question.
Why Are There Two Statutes of Limitation for Product Liability in New Hampshire?
There are two separate time limits associated with product liability cases because the “discoverability” of an injury matters. Some injuries are impossible to overlook, such as a laceration caused by a defective angle grinder. However, other injuries may be much more subtle. For example, a product may contain toxic materials that gradually cause the development of injuries and disease. A victim might also fall into a coma after suffering a head injury caused by a defective product. In this case, the victim might only “discover” their injury after regaining consciousness after many years. New Hampshire courts recognize that in cases like these, a three-year statute of limitations may not be sufficient or fair.
For this reason, this legal time limit only begins when a victim becomes aware of their own injuries. This effectively extends the statute of limitations to a considerable degree – allowing victims to pursue compensation for injuries that manifested more subtly. That said, the additional 12-year statute ensures that this time limit is not endless. If a consumer discovers an injury more than 12 years after purchasing or obtaining the product in question, legal action could be impossible. Those concerned about this time limit may want to contact Friedman & Bresaw, PLLC.
Do I Have 12 Years to File My Product Liability Claim?
The existence of a second time limit does not mean that everyone can wait 12 years before filing their claims. Victims can only take advantage of this second, longer time limit if they do not become aware of their injuries within three years. One would likely struggle to argue that they did not notice an obvious injury like a broken leg, amputation, or disfiguring burn within three years. If a victim is aware of their own injury, they should immediately seek medical attention. Next, they may wish to contact an experienced personal injury attorney and begin the process of legal action as soon as possible.
The Benefits of Filing Your Product Liability Claim Quickly
Regardless of the statutes of limitation, it makes sense to file a product liability claim as fast as reasonably possible. Key evidence could disappear if victims wait too long to begin this legal process. Product manufacturers and designers are often aware of possible litigation, and they may take steps to cover up defects that cause injuries. If discovered by the court, this deception could allow plaintiffs to pursue compensation regardless of the statutes of limitations. That said, it still makes sense to move quickly, trigger discovery, and collect valuable evidence before it mysteriously becomes “lost” or destroyed.
A victim who moves quickly may also find it easier to contact key witnesses who can assist with their personal injury claim. For example, a co-worker might have been standing nearby while a victim became injured by a defective power tool. If that co-worker moves to a different country within a few months of the accident, it may be impossible to collect their testimony. These are just a few examples of why it makes sense to pursue legal action quickly. If a victim waits until the last possible moment before the expiry of the statute of limitations, the quality of available evidence could be somewhat low.
Learn More About the Statute of Limitations With Friedman & Bresaw, PLLC
The statute of limitations may represent a barrier to compensation for some victims injured by defective products. However, the statute is much more complex than a straightforward time limit, and victims can theoretically pursue claims many years after their injuries. Before victims dismiss the possibility of a product liability lawsuit, they may want to discuss their unique circumstances with an experienced personal injury attorney in New Hampshire. Of course, the first step is usually to seek medical treatment as soon as a victim becomes aware of their product-related injuries. To explore this subject in more depth, consider contacting Friedman & Bresaw, PLLC at (603) 707-4800. We serve residents of Meredith, Belknap, and Laconia Counties.
