State-by-State Product Liability Analysis of Laws Impacting Businesses

High-angle close-up view of hourglass with white sand pouring and wooden auction or court gavel with copy space on gray background

Products liability laws vary significantly across the United States, creating a complex legal landscape for manufacturers, importers, and distributors. Understanding these differences is essential to navigate potential lawsuits effectively. This guide provides a detailed overview of each state’s position on key aspects of products liability, including Joint & Several Liability, Statutes of Limitation for both adults and children, and Statutes of Repose.

Key Differences in State Products Liability Laws

Statute of Repose by State

The Statute of Repose sets a deadline for filing a product liability lawsuit, starting from the date the product was first sold or delivered. Here’s how different states handle it:

  • Alabama: 10 years from the date of sale.
  • Alaska: 10 years from the date of sale.
  • Arizona: No Statute of Repose for product liability.
  • Arkansas: 10 years from the date of first sale.
  • California: 10 years from the date of first sale.
  • Colorado: 7 years from the date of first sale.
  • Connecticut: 10 years from the date of first sale.
  • Delaware: No Statute of Repose for product liability.
  • Florida: 12 years from the date of delivery.
  • Georgia: 10 years from the date of first sale.
  • Hawaii: 10 years from the date of first sale.
  • Idaho: 10 years from the date of first sale.
  • Illinois: 10 years from the date of first sale.
  • Indiana: 10 years from the date of first sale.
  • Iowa: 15 years from the date of first sale.
  • Kansas: 10 years from the date of first sale.
  • Kentucky: No Statute of Repose for product liability.
  • Louisiana: No Statute of Repose for product liability.
  • Maine: 6 years from the date of first sale.
  • Maryland: 20 years from the date of sale.
  • Massachusetts: 3 years from the date of delivery.
  • Michigan: 10 years from the date of first sale.
  • Minnesota: 10 years from the date of first sale.
  • Mississippi: 6 years from the date of first sale.
  • Missouri: No Statute of Repose for product liability.
  • Montana: 10 years from the date of first sale.
  • Nebraska: 10 years from the date of first sale.
  • Nevada: 10 years from the date of first sale.
  • New Hampshire: 12 years from the date of first sale.
  • New Jersey: No Statute of Repose for product liability.
  • New Mexico: 10 years from the date of first sale.
  • New York: No Statute of Repose for product liability.
  • North Carolina: 12 years from the date of first sale.
  • North Dakota: 10 years from the date of first sale.
  • Ohio: 10 years from the date of first sale.
  • Oklahoma: 10 years from the date of first sale.
  • Oregon: 10 years from the date of first sale.
  • Pennsylvania: No Statute of Repose for product liability.
  • Rhode Island: 10 years from the date of first sale.
  • South Carolina: 8 years from the date of first sale.
  • South Dakota: 6 years from the date of first sale.
  • Tennessee: 10 years from the date of first sale.
  • Texas: 15 years from the date of sale, unless otherwise agreed.
  • Utah: 6 years from the date of first sale.
  • Vermont: No Statute of Repose for product liability.
  • Virginia: 5 years from the date of first sale.
  • Washington: 12 years from the date of delivery.
  • West Virginia: 10 years from the date of first sale.
  • Wisconsin: 15 years from the date of first sale.
  • Wyoming: 10 years from the date of first sale.

Statute of Limitations by State: Adults vs. Children

The Statute of Limitations sets the timeframe within which a lawsuit must be filed after an injury occurs. For children, this period is often tolled (paused) until they reach the age of majority (18 years old):

  • Alabama:
    • Adults: 2 years from the date of injury.
    • Children: Tolled until the child turns 19.
  • Alaska:
    • Adults: 2 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • Arizona:
    • Adults: 2 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • Arkansas:
    • Adults: 3 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • California:
    • Adults: 2 years from the date of injury.
    • Children: Tolled until the child turns 18, with a maximum extension of 3 years.
  • Colorado:
    • Adults: 2 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • Connecticut:
    • Adults: 3 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • Delaware:
    • Adults: 2 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • Florida:
    • Adults: 4 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • Georgia:
    • Adults: 2 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • Hawaii:
    • Adults: 2 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • Idaho:
    • Adults: 2 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • Illinois:
    • Adults: 2 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • Indiana:
    • Adults: 2 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • Iowa:
    • Adults: 2 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • Kansas:
    • Adults: 2 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • Kentucky:
    • Adults: 1 year from the date of injury.
    • Children: Tolled until the child turns 18.
  • Louisiana:
    • Adults: 1 year from the date of injury.
    • Children: Tolled until the child turns 18.
  • Maine:
    • Adults: 6 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • Maryland:
    • Adults: 3 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • Massachusetts:
    • Adults: 3 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • Michigan:
    • Adults: 3 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • Minnesota:
    • Adults: 4 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • Mississippi:
    • Adults: 3 years from the date of injury.
    • Children: Tolled until the child turns 21.
  • Missouri:
    • Adults: 5 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • Montana:
    • Adults: 3 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • Nebraska:
    • Adults: 4 years from the date of injury.
    • Children: Tolled until the child turns 21.
  • Nevada:
    • Adults: 4 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • New Hampshire:
    • Adults: 3 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • New Jersey:
    • Adults: 2 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • New Mexico:
    • Adults: 3 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • New York:
    • Adults: 3 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • North Carolina:
    • Adults: 3 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • North Dakota:
    • Adults: 6 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • Ohio:
    • Adults: 2 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • Oklahoma:
    • Adults: 2 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • Oregon:
    • Adults: 2 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • Pennsylvania:
    • Adults: 2 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • Rhode Island:
    • Adults: 3 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • South Carolina:
    • Adults: 3 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • South Dakota:
    • Adults: 3 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • Tennessee:
    • Adults: 1 year from the date of injury.
    • Children: Tolled until the child turns 18.
  • Texas:
    • Adults: 2 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • Utah:
    • Adults: 2 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • Vermont:
    • Adults: 3 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • Virginia:
    • Adults: 2 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • Washington:
    • Adults: 3 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • West Virginia:
    • Adults: 2 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • Wisconsin:
    • Adults: 3 years from the date of injury.
    • Children: Tolled until the child turns 18.
  • Wyoming:
    • Adults: 4 years from the date of injury.
    • Children: Tolled until the child turns 18.

Joint & Several Liability by State

Joint and several liability allows a plaintiff to recover the entire amount of compensation from any of the defendants, regardless of their individual share of the liability:

  • Alabama: Joint and several liability applies.
  • Alaska: Pure several liability; defendants are only liable for their share of fault.
  • Arizona: Pure several liability; defendants are only liable for their share of fault.
  • Arkansas: Modified joint and several liability.
  • California: Pure joint and several liability.
  • Colorado: Pure several liability; defendants are only liable for their share of fault.
  • Connecticut: Joint and several liability for economic damages only.
  • Delaware: Joint and several liability applies.
  • Florida: Pure several liability.
  • Georgia: Pure several liability.
  • Hawaii: Joint and several liability applies.
  • Idaho: Pure several liability.
  • Illinois: Joint and several liability for economic damages only.
  • Indiana: Joint and several liability applies.
  • Iowa: Joint and several liability for economic damages only.
  • Kansas: Joint and several liability for economic damages only.
  • Kentucky: Joint and several liability applies.
  • Louisiana: Comparative fault; each defendant is only liable for their share of fault.
  • Maine: Joint and several liability applies.
  • Maryland: Joint and several liability applies.
  • Massachusetts: Joint and several liability applies.
  • Michigan: Modified joint and several liability; applies if a defendant is more than 50% at fault.
  • Minnesota: Modified joint and several liability; applies if a defendant is more than 50% at fault.
  • Mississippi: Pure several liability.
  • Missouri: Joint and several liability for economic damages only.
  • Montana: Modified joint and several liability; applies if a defendant is more than 50% at fault.
  • Nebraska: Pure several liability.
  • Nevada: Joint and several liability applies.
  • New Hampshire: Joint and several liability for economic damages only.
  • New Jersey: Joint and several liability for economic damages only.
  • New Mexico: Pure several liability.
  • New York: Joint and several liability if a defendant is more than 50% at fault.
  • North Carolina: Joint and several liability applies.
  • North Dakota: Pure several liability.
  • Ohio: Joint and several liability for economic damages only.
  • Oklahoma: Pure several liability.
  • Oregon: Joint and several liability applies.
  • Pennsylvania: Joint and several liability applies.
  • Rhode Island: Joint and several liability applies.
  • South Carolina: Joint and several liability applies.
  • South Dakota: Pure several liability.
  • Tennessee: Joint and several liability applies.
  • Texas: Modified joint and several liability; applies if a defendant is more than 50% at fault.
  • Utah: Pure several liability.
  • Vermont: Joint and several liability applies.
  • Virginia: Joint and several liability applies.
  • Washington: Pure several liability.
  • West Virginia: Joint and several liability applies.
  • Wisconsin: Joint and several liability if a defendant is more than 51% at fault.
  • Wyoming: Joint and several liability applies.

Practical Advice for Manufacturers, Distributors, and Retailers

Given the variability in products liability laws across states, companies should take proactive steps to mitigate risks:

Quality Control Measures

  • Implement Rigorous Testing: Ensure products undergo thorough testing to identify and mitigate potential defects before they reach the market.
  • Maintain Comprehensive Documentation: Keep detailed records of the design, manufacturing, and testing processes to demonstrate due diligence in the event of a lawsuit.

Effective Labeling Strategies

  • Clear Warnings: Provide clear and concise warning labels that inform consumers of potential risks associated with the product.
  • Compliance with Regulations: Ensure labels meet all federal and state regulatory requirements, including those specific to the states where products are sold.

Best Practices for Responding to Consumer Complaints

  • Establish a Robust Response System: Develop a system for promptly addressing consumer complaints and taking corrective actions when necessary.
  • Monitor Feedback: Regularly review consumer feedback to identify trends and potential issues that may require attention.
  • Document Complaints and Actions Taken: Keep detailed records of all consumer complaints and the actions taken in response to them to demonstrate a proactive approach to safety.

Conclusion

Understanding the variability in products liability laws across states—including Statutes of Repose, Statutes of Limitation for adults and children, and Joint & Several Liability—is crucial for manufacturers, importers, and distributors. By implementing strong quality control measures, adhering to effective labeling strategies, and responding proactively to consumer complaints, companies can better protect themselves against the complexities of products liability litigation.

Get fast product liability quotes from the top product liability insurance companies

If you have any questions or would like product liability or product recall quotes for your children’s products business, please do not hesitate to contact me, Paul Owens, at 800-622-7370 or simply provide some information on our inquiry form and we will email you the appropriate application to receive product liability proposals.

 

Sources:

https://prodliabinsur.wpenginepowered.com/state-to-state-variability-statute-of-repose/

https://prodliabinsur.wpenginepowered.com/state-to-state-variability-statute-of-limitations/

https://en.wikipedia.org/wiki/Joint_and_several_liability

https://www.investopedia.com/terms/j/joint-and-several-liability.asp

Posted By: