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
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