Every manufacturer that turns out a product realizes that it could be defective. Larger companies usually have established some means for achieving some measure of quality control. Still, a product of poor quality might slip through that quality control process.
When that happens a defective product reaches the market. Because it is being marketed, an unsuspecting consumer might buy it. If that same consumer gets harmed in any way, then he or she has the right to file a claim for a defective product injury.
The statute of limitations
That is the name given to the limited time frame during which such a claim will be honored by the court, once it has been filed. For that reason, anyone that has been injured by a defective product should think about filing a claim as soon as possible. Indeed, it would be rather foolish for such a person to wait for more than one year, before bringing that claim to the attention of the court.
Of course, there is still some hope for the victim that has delayed for longer than allowed by the statute of limitations. The time frame stipulated by such a statute varies from one location to the next. If a victim has missed the filing date in his or her locality, someone with legal experience might come to the rescue. Maybe the statute of limitations is different in the locality where the defective product was manufactured.
What is the start date for the time limitations?
Above it has been stated that someone injured by a defective product should not wait more than one year before filing a claim. That statement did not indicate what the start date of that one year period should be. In some cases, it is the date of the accident that has resulted from the defect in the poorly-made product.
In other cases, it is the date when the product-caused injury was discovered, or should have been discovered. Often, an injured victim lacks the ability to file a claim because he or she discovered the injury beyond the time period allowed under the law. Victims can also encounter roadblocks, if they have discovered an injury too early.
For example, a woman that works in an office that receives air from an area covered in asphalt-containing paint, develops mesothelioma. She files a claim, because research has linked exposure to such paint to development of her condition. She then learns that her condition has developed at a faster than normal rate. The court system seeks to deny her claim, because she discovered her injury before the anticipated date, as determined by the time of her initial exposure to the poisonous paint. There are various aspects of a claim that need to be considered and that is why consulting with a personal injury lawyer in Brampton might be the best option.
