Statutes
As with intentional torts, products liability causes of action generally provide for a four (4) year limitations period, which runs from the date that the facts giving rise to the cause of action were discovered or should have been discovered with the exercise of due diligence. If undiscovered within the 4-year period, the statutes do not typically allow an action beyond 12 years after delivery of the product unless such product specifically warranted a longer useful life. Notably, if the manufacturer through its officers, directors, partners, or managing agents had actual knowledge that the product was defective in the manner alleged and took affirmative steps to conceal such defect, then it would be possible to toll the limitations period based on the specific facts of the case.
If you have delayed in consulting with an attorney, it is possible some or all of the claims may already be beyond the time for bringing an action. When consulting with an attorney, specific factual issues will be explored, which may control the determination of whether the statutory limitations period has expired. When the statutory limitations period has expired, the time for bringing a claim is no longer available. Although mere ignorance of the facts constituting a cause of action may not postpone a limitations period, it may be postponed for certain types of actions such as products liability and fraud if you are blameless in failing to discover the wrong. In other words, the cause of action may not arise until those facts are or should have been known. Accordingly, once you discover or constructively discover that your legal right has been invaded, the statutory limitation period will begin to run. More specifically, when the last element that constitutes the cause of action accrues, the period of time begins to run within which the cause of action must be brought.
In sum, if you were unaware or had no reason to know of the wrong, the statutory limitation period may not run from the time the event occurred. In certain circumstances, the statutory limitation period will begin to run from the time you discovered or should have discovered the wrong. Of course, regardless of the date of discovery, there is customarily an outside time limit for bringing an action known as the period of repose.
Statutes of limitation
In Florida, there are different statutory limitation periods for various causes of action. For example, intentional tort actions must be filed within a four (4) year statutory limitation period. In contrast, a contract action must be filed within a five (5) year statutory limitation period. Unlike intentional torts and contracts, medical malpractice actions should be asserted within two (2) years. See Florida Statutes Section 95.11.Limitations Other Than For The Recovery Of Real Property.As with intentional torts, products liability causes of action generally provide for a four (4) year limitations period, which runs from the date that the facts giving rise to the cause of action were discovered or should have been discovered with the exercise of due diligence. If undiscovered within the 4-year period, the statutes do not typically allow an action beyond 12 years after delivery of the product unless such product specifically warranted a longer useful life. Notably, if the manufacturer through its officers, directors, partners, or managing agents had actual knowledge that the product was defective in the manner alleged and took affirmative steps to conceal such defect, then it would be possible to toll the limitations period based on the specific facts of the case.
If you have delayed in consulting with an attorney, it is possible some or all of the claims may already be beyond the time for bringing an action. When consulting with an attorney, specific factual issues will be explored, which may control the determination of whether the statutory limitations period has expired. When the statutory limitations period has expired, the time for bringing a claim is no longer available. Although mere ignorance of the facts constituting a cause of action may not postpone a limitations period, it may be postponed for certain types of actions such as products liability and fraud if you are blameless in failing to discover the wrong. In other words, the cause of action may not arise until those facts are or should have been known. Accordingly, once you discover or constructively discover that your legal right has been invaded, the statutory limitation period will begin to run. More specifically, when the last element that constitutes the cause of action accrues, the period of time begins to run within which the cause of action must be brought.
In sum, if you were unaware or had no reason to know of the wrong, the statutory limitation period may not run from the time the event occurred. In certain circumstances, the statutory limitation period will begin to run from the time you discovered or should have discovered the wrong. Of course, regardless of the date of discovery, there is customarily an outside time limit for bringing an action known as the period of repose.