Product Liability Statute of Limitations

Timeframe for Filing a Defective Product Claim

The statute of limitations for a product liability claim in Michigan is three years from the date of injury.

Understanding who may be entitled to bring a product liability claim, who that claim should be brought against and the time limits for filing such a claim are all important factors in any product liability action. If you’ve been injured by a defective or faulty product, our attorneys are available to assist you in making these decisions, the information below will give you an idea of what to expect.

Plaintiff

The proper plaintiff in a product liability action is any individual who has been injured by a defect of the product. In some very limited circumstances, a legal entity such as a business may also be entitled to make a claim. Additionally, loss of consortium and other non-economic damages may be claimed by the immediate family of the injured Plaintiff.

Defendant

In a product liability action, there may be, and in fact typically are, multiple named defendants. Anyone involved in the “production” of the product may be named, as that term is defined in MCL 600.2945(i). This term encompasses the manufacture, design, assembly, and inspection of the product. Additionally, in some cases, sellers of the product can be held liable even if they did not participate in the manufacture of the product.

Product Liability Statute of Limitations

The statute of limitations for product liability claims is three years from the date of the claim’s accrual. MCL 600.5827 indicates that “the claim accrues . . . at the time the wrong upon which the claim is based was done regardless of the time when damage results.” In certain situations, this period may be tolled. See, for example, MCL 600.5855.