Statute of Limitations for Product Liability
In Washington, product liability suits brought under the theories of strict liability or negligence must be filed within three years after the cause of action occurred. RCW § 4.16.080, 7.72.60. A "cause of action" does not occur until the plaintiff discovers or should have discovered that they were injured by the defendant's conduct. North Coast Air Services, Ltd. v. Grumman Corp., 111 Wn.2d 315, (1988). (RCW § 7.72.060(3)). If you do not file a lawsuit within this time, you cannot sue.
If the lawsuit is based on contract law, as in the case of a breach of warranty, you must file it within six years after the cause of action occurred. RCW § 4.16.040. Unlike strict liability or negligence, the "cause of action" for contracts occurs at the time when the contract was breached or violated, not when the violation was discovered by the person harmed. Taylor v. Puget Sound Power & Light Co, 392 P.2d 802 (1964). Taylor v. Puget Sound Power & Light Co., 392 P.2d 802(1964). If you do not file a lawsuit within this time, you cannot sue.
In addition to typical statutes of limitations, state legislatures have also enacted special statutes of limitations for certain types of actions to put outside time limits on certain types of lawsuits. These are referred to as statutes of repose. Statutes of repose typically place an outside limit (usually 10, 15 or 20 years) on certain types of lawsuits, regardless of when the injury is discovered. In Washington, most injured victims cannot file a product liability suit if the product was sold more than 12 years before the injury. RCW § 7.72.060. There are three exceptions to the twelve year statute of repose. Those exceptions are, if the seller warranted the product, if the seller misrepresented facts about the product, and if the harm occurred within twelve years of the sale, but did not manifest during those twelve years. RCW § 7.72.060(1)(b). The legislative purpose behind this law is to give those injured a fair chance to file suit, while protecting manufactures from an endless stream of product liability lawsuits. North Coast Air Services, Ltd. v. Grumman Corp., 111 Wn.2d 315 (1988).
In product liability cases it is essential that measures be taken promptly to preserve evidence, document the chain of custody of the product in question, and to enable engineers or other expert witnesses to thoroughly evaluate the product and your injuries. If you or a loved one has been injured by a product of any kind, call Harold D. Carr Attorney at Law now at (360) 455-0030 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.
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