USA Law and Practice Contributed by: Trevor Keenan, Michelle Byers and Curtis Berglund, Campbell Conroy & O’Neil, P.C.
2.3 Time Limits for Product Liability Claims The time limits within which an action may be brought depend on the cause of action and juris - diction. Statutes of limitations can range from one to six years. Some states have specific stat - utes for bringing a product liability action. In the absence of such a statute, the time limit for the cause of action controls this. Most states have adopted the discovery rule, which means that the statute of limitations will not begin to run until the plaintiff discovers, or reasonably should have discovered, the injury, cause and/or wrongful conduct of the defendant. There is variation in the application of the discov - ery rule among the states that have adopted it. Many states require discovery of the injury and cause to trigger the statute. Other states require only that the plaintiff discover the injury. Certain states require that the plaintiff discover the facts essential to prove each element of the cause of action. 2.4 Jurisdictional Requirements for To maintain a suit against the defendant, the court in which the case is brought must have personal jurisdiction over the defendant. Per - sonal jurisdiction includes both general and Product Liability Claims State Court Jurisdiction A state court has general jurisdiction to hear all claims over a party where it is incorporated or has its principal place of business in that state. In 2023, the US Supreme Court in Mallory v Norfolk Southern Railway Co, 600 US 122 (2023) held that state statutes requiring consent to general jurisdiction as a condition for doing business in that state do not violate due process. The court’s specific jurisdiction. General jurisdiction
or a combination of both. Under the consumer- expectations test, a defect exists if the prod - uct is unreasonably dangerous, and the danger exceeds what an ordinary consumer would expect (Restatement (Second) of Torts: Product Liability Section 402 (a)). Under the risk-utility test, the product is defective if the utility of the product is outweighed by the risk of injury (id). 2.2 Standing to Bring Product Liability Claims A person claiming injury resulting from a defec - tive product has standing to bring a product liability claim. The original purchaser of the prod - uct is not typically the only one with standing. In “tort based” warranty action (ie, for personal injuries or property damage other than to the product itself), the plaintiff need not have bought or leased the product directly from the defend - ant, so long as the plaintiff is a person whom the defendant might reasonably have expected to use, consume or be affected by the product. See Theos & Sons, Inc v Mack Trucks, Inc, 431 Mass 736 (2000). Whether a plaintiff can bring derivative dam - age claims in a product liability action typically depends on the law of the state where the action is filed. For example, a spouse or child may be permitted to bring a loss of consortium claim (for loss of care, guidance and comfort) in cer - tain states. Wrongful death or survivor statutes, which also vary by state law, define when heirs or administrators can bring actions on behalf of the decedent’s estate. Certain states permit claims for emotional distress for individuals who were not physically injured by a product if they were in the “zone of danger” and witnessed someone else being injured.
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