Have you been wondering how much time you have to file a lawsuit in the stateof Florida? Like most other states, the laws in the state of Florida for filing some suits come with expiration dates. Just as there are statutes of limitations in criminal law, civil law also has its own statutes and they differ greatly from other states.
What Are Product Liability Claims?
Product liability focuses on the liability of a manufacturer or maker being held responsible for providing, offering, selling or giving a defective product to a consumer. Responsibility for a product defect that results in an injury lands at the sellers of the product who are in the distribution line or chain.
These particular statutes are designed to define a period of time that legal action may, in fact, be pursued. If someone wishes to file a product liability claim, and if he’s missed the cutoff date, his case will most likely be dismissed. Not only that, but the clock generally starts “counting down” when the event occurs and the plaintiff has the platform to sue. It’s typically referred to as a “cause of action.”
Florida laws currently have a 4-year statute of limitation attached to its defective products and product liability claims. This means a potential plaintiff has four years to file his or her initial claim. But then there are those times when the damage is not immediately known. It may not be discovered for decades. A reputable Florida product liability attorney will be able to help a consumer discern if there are any options available to pursue a case.
Is This Information That Important?
This matters because there may be other laws that play into a potential claim and that can shift the statute of limitations. In fact, it can potentially mean a new claim with new statutes attached. A specific and previously unconsidered statute of limitations may create an opening for a suit to be filed.
Let us assume a woman takes a prescribed medication and then takes it again before the pharmacist’s instructions and against the warning label and suffers significant medical problems because of that. The product was not defective, but her over-taking the medicine resulted in the problems.
Consider the same woman who takes the medicine as prescribed and suffers the same medical problem. The statute of limitations for filing a claim runs out on Wednesday. On Tuesday, she has a case. On Thursday, she doesn’t unless there are other circumstances at play. Meeting with a qualified personal injury attorney can help discern what avenue will best serve her needs. It might also open a door to a new and different path that she was not aware was possible – again, only a qualified legal mind can provide that kind of information, including the statutes and other considerations.