Product liability statute of limitations: deadlines in four states

The answer in brief

You have a limited time to sue over an injury from a defective product. That limit is called the statute of limitations. Each state sets its own. Miss it, and a court can throw out your case, even a strong one.

In the four states on this page, the main injury deadline runs from 2 to 4 years. Some claims have extra limits that can end a case sooner. Others have rules that start the clock later.

This page is general information, not legal advice. Deadlines change, and the facts of your case matter. Ask a lawyer about the deadline in your state as early as you can.

Deadlines in four large states

State	Main deadline	Law	Special rules
California	2 years	Code Civ. Proc. § 335.1	Covers injury or death caused by another’s wrongful act or neglect; in effect since Jan. 1, 2003
Texas	2 years after the claim accrues	Civ. Prac. & Rem. Code § 16.003(a)	15-year statute of repose from the defendant’s sale of the product (§ 16.012(b)), with a latent-disease exception (§ 16.012(d))
Florida	4 years for product injury claims	Fla. Stat. § 95.11(3)(d)	General negligence is 2 years (§ 95.11(5)(a)) for claims that accrued after March 24, 2023; wrongful death is 2 years (§ 95.11(5)(e))
New York	3 years	CPLR 214(5)	For latent effects of exposure to a substance, 3 years from discovery of the injury, or when it should have been discovered, whichever is earlier (CPLR 214-c(2))

The sections below explain each state’s rules in plain English.

California: 2 years

California’s Code of Civil Procedure § 335.1 sets a 2-year deadline. It covers suits for injury or death caused by another person’s “wrongful act or neglect.” The rule has been in effect since Jan. 1, 2003.

Two years can pass quickly. Medical treatment, recovery and insurance calls can take months. Do not wait until you feel better to call a lawyer.

Texas: 2 years, and a 15-year outer limit

Texas has two deadlines that work together.

The 2-year deadline. Civil Practice and Remedies Code § 16.003(a) says a personal injury suit must be brought “not later than two years after the day the cause of action accrues.”

The 15-year statute of repose. Section 16.012(b) adds a separate limit for products liability cases. It is measured from the date the defendant sold the product, not from the date you were hurt. That means an old product can be beyond the reach of a lawsuit, even if the injury happened yesterday.

The latent-disease exception. Section 16.012(d) carves out an exception for certain latent diseases. These are illnesses that show up long after the exposure. If you were exposed to a product many years ago, ask a lawyer whether this exception applies.

Florida: 4 years for products, 2 years for other claims

Florida’s deadlines changed in 2023, and that has caused confusion.

Product claims. Florida Statutes § 95.11(3)(d) sets 4 years for “an action for injury to a person founded on the design, manufacture, distribution, or sale of personal property.” That language matches many product liability claims.

General negligence. Florida’s 2023 tort reform law, HB 837, cut the deadline for general negligence from 4 years to 2. The change applies to claims that accrued after March 24, 2023. It now appears in § 95.11(5)(a).

Wrongful death. If a family member died, the deadline is 2 years under § 95.11(5)(e).

Many product lawsuits include both a product claim and a negligence claim. The two can now have different deadlines in Florida. A lawyer can tell you which deadline controls each part of your case.

New York: 3 years, with a discovery rule

New York’s CPLR 214(5) sets 3 years for personal injury.

Some injuries take years to appear. Cancer from a chemical is one example. For these cases, New York has a special rule. Under CPLR 214-c(2), the 3 years for the latent effects of exposure to a substance run from the date you discovered the injury. If you should have discovered it sooner, the clock starts on that earlier date.

This “discovery rule” can help people with illnesses linked to long-term exposure. It does not stop the clock forever. Once you know, or should know, about the injury, the 3 years begin.

Statute of limitations vs. statute of repose

These two terms sound alike but work differently.

	Statute of limitations	Statute of repose
What starts the clock	The claim accrues, often at injury or discovery	A fixed event, such as the product’s sale
Can the clock start late?	Sometimes, under a discovery rule	Usually not, though exceptions exist
Example	New York: 3 years for personal injury	Texas: 15 years from the defendant’s sale

A claim must meet both limits where both apply. Filing within 2 years of an injury does not help in Texas if the product was sold more than 15 years earlier, unless an exception applies.

Deadlines in group cases

Joining a group case does not erase your state’s deadline. Federal cases with common facts can be sent to one court for pretrial work under 28 U.S.C. § 1407. Each case still has to be filed in time.

Class settlements add their own dates. In the proposed Roundup class settlement, a St. Louis judge set June 4, 2026 as the deadline to opt out or object. The settlement covers people exposed before mid-February 2026 who are diagnosed with non-Hodgkin lymphoma now or within 16 years of approval. Those dates are separate from any statute of limitations.

Learn more on the class action vs. mass tort page.

What to do if you think time is short

1. Call a lawyer now. Do not wait to gather every record first. A lawyer can file to protect your claim and collect proof later.
2. Write down key dates. Note when you bought the product, when you were hurt, and when a doctor first linked the injury to the product.
3. Keep the product and your records. The how-to-file page lists what to save.
4. Ask about every deadline. Ask the lawyer to confirm in writing which deadlines apply to your case.

If you live in a state not listed here, the rules may be different. Have a lawyer check the deadline that applies to you. For an overview of how claims work, see the product liability guide.