Products Liability: State-by-State Analysis of Statutes of Limitations

2/3/2022

The toxic baby formula lawsuits involve claims for defective products against the manufacturers. Specifically, that their products failed to warn parents of the associated health risks of the bad formula, which caused unsuspecting parents to give it to their prematurely born children. As your toxic baby formula will explain, a product liability lawsuit must be filed within a period of time designated by each state called statutes of limitations. In a majority of states, the time period does not start to run until the plaintiff who was injured discovered or should have discovered his or her injury, under the "discovery rule" which tools the start of the statute of limitations until the plaintiff actually discovers they were injured. In a few states the time begins to run when the injury actually occurred.

For example, your baby could have consumed toxic baby formula but you did not realize he was injured by doing so until sometime later when he developed NEC. Finally, some states have also enacted statutes of repose, which bar actions that are not brought within a specified period of time after some event has occurred, such as the initial sale of a product.

A State-by-State Comparison of the Statutes of Limitations for Product Liability Claims

Alabama

An action must be brought within two years from the time when the injury is or should have been discovered.

Alaska

An action must be brought within two years from the time when the injury is or should have been discovered.

Arizona

An action must be brought within two years from the time when the injury is or should have been discovered. The state has enacted a 12-year statute of repose that begins to run once the product is first sold. The statute of repose does not apply to actions based on negligence or breach of warranty.

Arkansas

An action must be brought within three years from the time when the injury is or should have been discovered.

California

An action must be brought within two years from the time when the injury is or should have been discovered.

Colorado

An action must be brought within two years from the time when the injury is or should have been discovered.

Connecticut

An action must be brought within two three years from the time when the injury is or should have been discovered. The state has enacted a 10-year statute of repose that begins to run once the manufacturer or seller has last parted with the product.

Delaware

An action must be brought within two years from the time when the injury is or should have been discovered.

District of Columbia

An action must be brought within three years from the time when the injury is or should have been discovered.

Florida

An action must be brought within four years from the time when the injury is or should have been discovered. The state has enacted a 12-year statute of repose, subject to various exceptions.

Georgia

An action must be brought within two years from the time when the injury is or should have been discovered or one year from the date on which death has occurred. The state has enacted a 10-year statute of repose, subject to various exceptions.

Hawaii

An action must be brought within two years from the time when the injury is or should have been discovered.

Idaho

An action must be brought within two years of the date on which the injury occurred. The state has enacted a 10-year statute of repose, subject to various exceptions.

Illinois

An action must be brought within two years of the date on which the injury occurred. The state has enacted a 12-year statute of repose that begins to run once the product is sold and a 10-year statute of repose that begins to run once the product is delivered to the first owner.

Indiana

An action must be brought within two years of the date on which the injury occurred. The state has enacted a 10-year statute of repose.

Iowa

An action must be brought within two years of the date on which the injury occurred.

Kansas

An action must be brought within two years of the date on which the injury occurred.

Kentucky

An action must be brought within one year of the date on which the injury occurred. If injury, death, or property damage does not occur within eight years of the product's use, then this creates a rebuttable presumption that the product does not contain a defect.

Louisiana

An action must be brought within one year of the date on which the injury occurred. This statute does not apply to minors.

Maine

An action must be brought within six years of the date on which the injury occurred.

Maryland

An action must be brought within three years of the date on which the injury occurred.

Massachusetts

An action must be brought within three years of the date on which the injury occurred.

Michigan

An action must be brought within two years of the date on which the injury occurred. If a product is in use for more than 10 years, then liability cannot be based on strict liability.

Minnesota

An action must be brought within four years of the date on which the injury occurred.

Mississippi

An action must be brought within two years of the date on which the injury occurred.

Missouri

An action must be brought within five years of the date on which the injury occurred.

Montana

An action must be brought within three years of the date on which the injury occurred.

Nebraska

An action must be brought within four years of the date on which the injury occurred. The state has enacted a 10-year statute of repose, which begins to run from the date in which a product is first sold.

Nevada

An action must be brought within four years of the date on which the injury occurred.

New Hampshire

An action must be brought within three years of the date on which the injury occurred, except where a legal duty has been imposed by the government, in which case the action must be brought within six years. The state has enacted a 12-year statute of repose, which begins to run once the product is manufactured and sold.

New Jersey

An action must be brought within two years of the date on which the injury occurred.

New Mexico

An action must be brought within three years of the date on which the injury occurred.

New York

An action must be brought within three years of the date on which the injury occurred.

North Carolina

An action must be brought within six years from the date of the initial purchase.

North Dakota

An action must be brought within 10 years from the date of the initial purchase or within 11 years of the date of manufacture.

Ohio

An action must be brought within two years of the date on which the injury occurred.

Oklahoma

An action must be brought within two years of the date on which the injury occurred.

Oregon

An action must be brought within two years of the date on which the injury occurred. The state has enacted an eight-year statute of repose.

Pennsylvania

An action must be brought within two years of the date on which the injury occurred.

Rhode Island

An action must be brought within three years of the date on which the injury occurred.

South Carolina

An action must be brought within three years of the date on which the injury occurred.

South Dakota

An action must be brought within three years of the date on which the injury occurred. The state has enacted a six-year statute of repose, which begins to run after purchase.

Tennessee

An action must be brought within four years of the date on which the injury occurred. The state has enacted a statute of repose that runs six years after an injury and 10 years after the initial purchase of a product.

Texas

An action must be brought within two years of the date on which the injury occurred.

Utah

An action must be brought within two years of the date on which the injury occurred.

Vermont

An action must be brought within three years of the date on which the injury occurred.

Virginia

An action must be brought within two years of the date on which the injury occurred.

Washington

An action must be brought within two years of the date on which the injury occurred. The state has enacted a 12-year statute of repose.

West Virginia

An action must be brought within two years of the date on which the injury occurred.

Wisconsin

An action must be brought wit

FREE PORTFOLIO MONITORING SERVICES PROVIDES SIGNIFICANT BENEFITS TO SHAREHOLDERS

2/2/2022

CORPORATE FRAUD CAUSES INVESTORS $330 BILLION A YEAR

Corporate wrongdoing costs investors $330 billion dollars annually. When a corporation engage in fraudulent business practices it most often has the effect of inflating stock prices. However, when the fraud is eventually exposed, the stock market reacts causing a sharp drop in the value of stock which is followed by a stead drop over an extended period. When an investor purchases stock why its value was fraudulently or artificial inflated, investor losses can be directly linked to the corporate fraud and may be recovered.

INVESTORS ARE LOSING MONEY BECAUSE THEY ARE UNAWARE OF THE EXISTANCE OF CORORATE FRAUD

With billions of dollars in recoveries at issue in securities class cases, many investors are are not recouping all the money they could because few have the time or possess the legal knowledge to monitor their investments. As a result, most investors are not even aware of the existence of fraud in connection with securities they own because often the red flags indicating corporate fraud are unapparent and could otherwise go unnoticed until investors have incurred substantial losses. Therefore, when corportate fraud occurs investors are unually unaware and are not advised of their legal options. Futhermore, investors usually have no way of being updated on the status of the case including, most notably, when a case has settled and of the necessaty of submitting the required claim forms to recover their losses which can be significantly in many instances.

Fortunately for investors, with the emergence of portfolio monitoring services which is offered by plaintifff’s securities firms (“Firms”) of charge, they now have a way to prevent this from happening in the future. With portfolio monoriting investor are advised of their legal options when fraud has been detected or committed in connection with stocks they own and are notified if a case settles and are provided help filling out claims ensuring they recover a portion of their losses.

WHAT IS PORTFOLIO MONITORING?

Generally, portfolio monitoring utilizes sophisticated technology, along with other research tools and subscription services to track the stock market in real time and is managed by attorneys. accountants and analysts trained to identify indicators of corporate fraud. Portfolio Monitoring a typically free service offered by plaintiff firms to investors. Investors provide the Firm with information on their stock holdings and the Firm monitors the investments in order to alert investors to corporate wrongdoing and potential claims premised upon violations of the securities laws or breach of fiduciary duty. Attorneys will advise investors of their legal options, and explain the case process, and will even help investors fill out class action claim forms so they can receive their share of the settlement proceeds.

FREE PORTFOLIO MONORITING SERVICE PROVIDES SIGNIFICANT BENEFITS TO INVESTORS

Investments Monitoring

Whenever corporate fraud or other wrongdoing is exposed to the market, the market responds and the company’s stock price will fall dramatically when the truth is revealed. Additonally, the stock price will continue to drop for some time afer the truth has been exposed. Investors who purchased shares before the truth is revealed to the maket, purchased those shares at artificially inflated prices. When the fraud is exposed and the stock price collapses, investors incur losses due to the fraud and other wrongdoing by company insiders or directors.
Many investors simply do not have the time to constantly monitor all of their investments and do not realize when one of their investments has been negatively affected by corporate wrongdoing and the price of the stock has dropped causing them to suffer losses. Many times these loses can be significant. When investors utilize a Portfolio Monoriting Service, the Firm will alert them when one their investments is under an active investigation or has been negatively affected by fraud or other corporate misconduct.

Advice and Legal Representation

After explaining the results of their investigation, including analizing losses, and evaluating the merits of a potential claim, the Firm will advise investors of all their legal options including whether they may have a potential claim. There is no obligation to take action, but if an investor chooses to do so, plaintiff Firms will usually represent investors free of charge on a contingency basis, and there is no obligation to retain the Firm monitoring an investors portfolio.

Alerts and Notifications

Generally, the Firm will contact investors if they identify violations of securities laws, insider trading, accounting fraud, unfair mergers or acquisitions, and other unlawful activity that may negatively impact investor holdings.

Class Action Settlement Claims Simplified

If a company in which an investor has invested decides to settle a case brought against it, the Firm will notify investors, for example, by sending them a link to the claim form and the Firm willl assist investors in filling it out. After that, investors will receive a check for their portion of the settlement.

THE DATA INVESTORS PROVIDE TO FIRMS IS COMPLETELY CONFIDENTIAL

Protecting the privacy, confidentiality, and security of their clients’ information is of utmost importance to plaintiff Firms, and all data is protected by administrative, physical, and technical controls.

THERE ARE NO RISK BUT SUBSTANTIAL BENEFITS TO UTILIZING A FREE PORTFOLIO MONORITING SERVICE

Because Portfolio Monoriting Service are offered free of charge and the information investors provide regarding their holings is treated as strictly confidential, there are no risk to investors in utilizing a Portfolio Monoriting Service. On the other hand, investors will receive significant benefits in utilizing a Portfolio Monoriting Service. Investors do not have to worry about monitoring their investment twenty-four hours a day – the Firm do this for investors. In the event one of an investor’s investment has been negatively effected by corporate fraud, the Firm will alert an investor, explain the the results of their investigation, including analizing an investor’s losses, and will evaluate the merits of a potential claim, and the Firm will advise investors of all their legal options including whether the investor may have a potential claim.

While there is no obligation to take action, if an investor choose to do so, most Firms will represent them free of charge on a contingency basis. Finally, if there has been a settlement in a case involving an investor’s holdings the Firm typically will send an investor a link to the claim form and assist them in filling it out. After that, investors will receive a check for their portion of the settlement.

CONCLUSION

In short, there are no risk or costs to utilizing a Portfolio Monoriting Service and investors will receive the benefits of having their investments constantely monitored by a team of professionals, adivised when their investments have been effected by cororate wroingding, advised of their legal options, and helped with the claims process when a case involving one of their investment settles ensuring investors reeive their fair share of the settlement proceeds.

Products Liability: State-by-State Analysis of Statutes of Limitations

FREE PORTFOLIO MONITORING SERVICES PROVIDES SIGNIFICANT BENEFITS TO SHAREHOLDERS

INVESTORS ARE LOSING MONEY BECAUSE THEY ARE UNAWARE OF THE EXISTANCE OF CORORATE FRAUD

WHAT IS PORTFOLIO MONITORING?

FREE PORTFOLIO MONORITING SERVICE PROVIDES SIGNIFICANT BENEFITS TO INVESTORS

Investments Monitoring

Advice and Legal Representation

Alerts and Notifications

Class Action Settlement Claims Simplified

THE DATA INVESTORS PROVIDE TO FIRMS IS COMPLETELY CONFIDENTIAL

THERE ARE NO RISK BUT SUBSTANTIAL BENEFITS TO UTILIZING A FREE PORTFOLIO MONORITING SERVICE

CONCLUSION

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