In Maryland, the Statute of Limitations in a Products Liability Case is “three years from the date it accrues.” Md. Code, Cts. & Jud. Proc. Art. § 5-101. Under the “discovery rule” this means that the statute of limitations should not begin to run until the plaintiff “knows or, through the exercise of due diligence should know, of injury, its probable cause, and manufacturer of wrongdoing or product defect.” Pennwalt Corp. v. Nasios, 314 Md. 433, 5520 A.2d 1155 (1988).
The interplay of the “discovery rule” becomes very important in determining the statute of limitations on your potential product liability case and depends heavily on what type of product may have caused your injury. Thus, determining whether the statute of limitations has run on your potential claim comes down to these facts:
- When you first discovered your injury; and
- When you first learned that your injury was “probably” caused by a certain product.
Bear in mind that this means you should not wait until you learn the product was defective before attempting to bring suit. If you are aware the product caused the injury, whether due to some defect or not, the statute of limitations will begin to run.
The discovery rule becomes important when dealing with product liability claims arising out of medication, products with dangerous substances, or medical devices, where it could potentially take years before an injury and its causes are discovered. In other cases, such as with a defective airbag or garage door opener, the injuries and its causes will be known immediately.
It is important not to wait until you are close to the statute of limitations before exploring a potential medical malpractice claim. Even the most experienced lawyer will need time to investigate what the product’s defect is and what entity is responsible for the defect – whether it be the manufacturer, distributor, or packager. If a product is built from parts from many different manufacturers, such as a car or piece of heavy machinery, many other different potential defendants come into play.
If you believe you or a loved one have been injured because of a defective product, the lawyers at Cardaro & Peek can help.
Contact The Law Offices of Cardaro & Peek, LLC Today
The lawyers at Cardaro & Peek, LLC have the experience and resources necessary to investigate and litigate all types of medical claims throughout Maryland and Washington D.C. Cardaro & Peek, LLC has medical personnel on staff and has access to nationally recognized, board-certified physicians and other experts, to assist in the investigation, analysis, and prosecution of all types of medical malpractice claims. If you or a loved one have experienced malpractice, give us a call at 410-752-6166. Please visit our website www.cardarolaw.com and follow us on Facebook, Twitter, and LinkedIn for more information.