Determining the statute of limitations for product liability

On Behalf of | Apr 26, 2021 | Personal Injury

If you live in Texas and you want to file a product liability claim, you need to know the statute of limitations. There is a two-year limit for personal injury lawsuits, but this answer is not as straightforward as it seems. In fact, in 2017, an appeals court asked the Texas Supreme Court to determine whether the clock on this limitation would begin ticking in product liability cases when the injured party discovers that a product is defective or when the injured party is informed that the product was a factor in an injury.

Pelvic mesh dispute

This question arose because of a woman who had pelvic mesh implanted in 2005 but had to have parts of the mesh removed the following year due to an infection. It was unclear whether the woman had been fully informed about the pelvic mesh being a defective product, and the woman said that she simply thought her body had rejected it. She did not find out until 2013 that the pelvic mesh was potentially defective.

When court decisions disagree

Judicial decisions on when the statute of limitations began were not consistent. For example, one West Virginia judge found that the clock began ticking on the statute of limitations when the person discovered that a company’s wrongful conduct was connected to their injury. In cases dealing with the Dalkon Shield device, there was a ruling that the statute of limitations began counting down when a person knew the device may have contributed to their injury and rulings that it began when the person knew the company may have been negligent.

If you think that a product you have used might be connected to an injury you have suffered, you may want to consult an attorney. As this case demonstrates, even when legal language seems straightforward, interpreting the precise meaning is not always simple and may affect how you file. An attorney may help you determine how to proceed.