Statute of Limitations for Product Liability
In Kansas, product liability suits brought under the theories of strict liability or negligence must be filed within two years after the cause of action occurred. Kan. Stat. Ann. § 60-513(a). A "cause of action" does not occur until the plaintiff discovers or should have discovered that they were injured by the defendant's conduct. 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 four years after the cause of action occurred. Kan. Stat. Ann. § 84-2a-506. Similar to strict liability and negligence cases, a "cause of action" here does not occur until the plaintiff discovers, or should have discovered, that there was a breach of contract. 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 Kansas, injured victims cannot file a product liability suit if the product was sold 10 years before the injury. Kan. Stat. Ann. § 60-258a.
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 The Pistotnik Law Offices, P.A. now at (877) 733-2723 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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The Pistotnik Law Offices handles all personal injury cases including, but not limited to:Large truck accidents, car accidents, injury cases, injury victims, reckless driving, negligence, torts, car accident victims, damages, wrongful death, vehicle accidents, pedestrians, cyclists, motorcycle accidents, third party lawsuits, damaged cars, insurance settlements, auto accidents, medical bills, permanent injury, rear-end collisions, liability insurance, property damage, minor injuries, insurance coverage, truck accident, tractor-trailer accidents, paralysis, paralyzed, eaglemed, Lifeflight, Wesley Medical Center, Via Christi, St. Francis hospital.
The Pistotnik Law Offices serves the following areas: Kansas, Southern Kansas, Wichita, Barton County, Butler County, Ellis County, Ford County, Abilene, Colby, Dodge City, Garden City, Goodland, Hays, Hutchinson, Larned, Liberal, Pratt, Russell, Salina, Sedgwick, Hodgemen County, Kiowa County, Meade County, Gray County, Haskell County, Finney County, Seward County, Hamilton County, Scott County, Gove County, Logan County, Edwards County, Pawnee County, Stafford County, Reno County, Harvey County, Marion County, Chase County, & Lyon County
The legal information offered by The Pistotnik Law Offices and contained herein, regarding Kansas legal statutes and Kansas claimants' rights, is general in scope. No legal attorney / client relationship with our attorneys is hereby formed nor is the information herein intended as formal legal advice. Please contact a Kansas lawyer regarding your specific inquiry.See Terms of Use.
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