Personal Injury
Products Liability
When a product hurts you, you usually do not have to prove anyone was careless. Most states hold manufacturers strictly liable for defective products, and the seller who handed it to you can be on the hook too. The fight is over whether the product was defective and whether the defect caused your injury. Here is how the rules work in each state we cover, including the outer time limits that can end a claim based on how old the product is.
4States Covered
Articles
What the Rules Actually Cost You
How long you have, and what you can recover
New York
CPLR 214 · CPLR 214-c
3 yearsto sue, from the date of injury
3years from discoveryToxic exposure under
CPLR 214-c
OR
CPLR 214-c
4years from saleBreach of warranty
under the UCC
under the UCC
TheoriesManufacturing defect, design defect, or failure to warn
Who to sueThe manufacturer, plus distributors and retailers in the chain of sale
Fault rulePure comparative. Your own fault reduces the award but never bars it
New York has no outer time limit for products, so an old product can still support a claim
Connecticut
Conn. Gen. Stat. § 52-577a · § 52-572m
3 yearsfrom when the injury is discovered
10year outer limitMainly for workplace
injuries covered by comp
PLUS
injuries covered by comp
2xpunitive capPunitive damages capped
at twice compensatory
at twice compensatory
One statuteThe Product Liability Act is the only claim. It absorbs negligence, warranty, and strict liability
Useful lifeThe 10-year limit does not apply if the harm came within the product’s useful safe life
Fault rulePure comparative for products. Your share of fault reduces the award but never bars it
Unlike ordinary Connecticut negligence cases, your own fault never bars a product claim
New Jersey
N.J.S.A. 2A:58C · 2A:14-2
2 yearsfrom the injury or when you discovered it
5xpunitive capOr $350,000,
whichever is greater
PLUS
whichever is greater
FDAlabel presumptionApproved drug warnings
are presumed adequate
are presumed adequate
One statuteThe Products Liability Act replaces separate negligence and warranty claims
SellersA store can often exit the case by identifying the manufacturer
Fault ruleModified comparative. 51 percent at fault and you recover nothing
New Jersey has no outer time limit for most products, so age alone will not end the case
Florida
Fla. Stat. § 95.11 · § 95.031
4 yearsfor strict liability, from the injury
2yearsFor negligence claims,
since the 2023 reform
PLUS
since the 2023 reform
12year outer limitFrom delivery to
the first buyer
the first buyer
ExceptionsLatent injuries, concealed defects, and longer warranties can extend the 12 years
Who to sueManufacturers and every seller in the distribution chain can face strict liability
Fault ruleModified comparative since 2023. More than 50 percent at fault and you recover nothing
Plead strict liability. A negligence-only claim gets half the time to file
Latest on Products Liability
New products liability articles are on the way.
Where Were You Hurt?
Sick from a toxic exposure in New YorkNY · The discovery rule under CPLR 214-c
Hurt by an older machine in ConnecticutCT · The 10-year outer limit
Harmed by a prescription drug in New JerseyNJ · The FDA label presumption
Injured by a product in FloridaFL · Strict liability versus negligence clocks
Deadlines That End Cases
New York lawsuit3 years
Connecticut lawsuit3 years
New Jersey lawsuit2 years
FL strict liability4 years
FL negligence2 years
CT outer limit10 years
FL outer limit12 years
A recall does not prove your case, but it can show the maker knew about the problem. Ask early.
Protecting a Product Claim
Keep the product as it is. Do not repair, return, or throw it away
Save the packaging, manual, receipt, and any labels
Photograph the product, the scene, and your injuries
Write down the model and serial numbers
Check for recalls at cpsc.gov, or nhtsa.gov for vehicles
Do not hand the product to the maker or its insurer for testing
Most Read
State guides are on the way.
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