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Wyoming Product Liability Statute of Limitations

Dec 03, 2023

If you have been injured by a defective product in Wyoming, you may have a product liability claim against the manufacturer. A successful claim can allow you to recover compensation for injuries and other harm you suffered due to the product. However, your claim must be filed within Wyoming’s product liability statute of limitations.

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While it is crucial to prepare a solid product liability claim that is supported by evidence, filing a claim outside the statute of limitations can mean the end of your claim, no matter how well-supported it may be. Consulting an experienced product liability lawyer can help ensure you do not run afoul of this powerful but easily overlooked statute.

What Is a Statute of Limitations?

A product liability statute of limitations establishes a specific period of time during which someone with a legal claim must file that claim in court.

Different types of cases have different statutes of limitations, which means that the time limits cases must be filed within can vary. For example, the statute of limitations for wrongful death actions can be different than the statute of limitations for personal injury cases.

Similarly, a medical malpractice case in your state may need to be filed more quickly than a product liability lawsuit. Therefore, it is vital that you know and understand your state’s statute of limitations for the type of case you are seeking to file.

How the Statute of Limitations in Wyoming Applies to Product Liability Claims

The product liability statute of limitations in Wyoming is four years from the date your injury occurred. In other words, you have four years from the date a defective product harmed you to file a product liability claim in court in Wyoming.

This statute of limitations encourages you to file your case quickly so that your legal matter can be heard and resolved promptly. It’s important to note that although the statute of limitations acts as a deadline for filing a product liability claim, it does not actually prevent you from filing a product liability case.

You could file a product liability lawsuit five or even ten years after you suffered harm from a defective product. The court will accept your filing and treat your case as if you complied with the statute of limitations.

However, the defective product’s manufacturer or other defendant can claim the statute of limitations as a defense against your claims. If they do, your claim will be dismissed by the court, and you will not be able to refile your case unless there is an exceptionally good reason why you could not have filed your case on time.

So while the statute of limitations does not automatically keep you from filing a case, the defendant in your product liability claim can point out to the court that you violated this statute. Presented with a statute of limitations violation, courts have little choice but to dismiss your lawsuit immediately unless one of a few exceptions apply.

The court would enter a dismissal even if the evidence in your favor was strong or you sustained serious injuries in your accident.

How a Skilled Product Liability Attorney Can Help You Build Your Case in a Timely Manner

It can be confusing to know how to prepare and file a product liability case. Although four years seems like a long time, this time period can pass quickly.

A skilled product liability lawyer can make the most of this time by:

  • Interviewing witnesses who know the product and your injury
  • Requesting and reviewing documents about the product and any recalls issued
  • Consulting with experts about the product’s design and labeling
  • Preparing your petition and filing it with the court within the statute of limitations
  • Gathering records about your injuries and the costs associated with them

Your product liability lawyer can perform these and other tasks while you focus on recovering from your injuries. As you take care of your medical and personal needs, your product liability law attorney can look after your legal needs.

Frequently Asked Questions About Wyoming’s Product Liability Statute of Limitations

How Long Is the Statute of Limitations for Product Liability Claims in Wyoming?

The product liability statute of limitations is four years from when a defective product harms you. While you can still file a lawsuit after that time has passed, your case can be summarily dismissed by the court if the defendant claims the statute of limitations as a defense.

Can I Get More Time to File a Claim?

You might be able to gain additional time if one or more exceptions to the statute of limitations apply. For instance, if your injuries physically or mentally incapacitated you, the court may give you additional time to file your claim.

You could also get more time beyond the statute of limitations if you had no reason to know a defective product injured you.

What Happens if the Other Party Doesn’t Point Out That the Statute of Limitations Has Expired?

The statute of limitations is an affirmative defense, which means that the other party must raise the matter before the court. If they do not do this, they will be found to have waived, or given up, a defense based on the expired statute of limitations. In this situation, it would not be available to them, and your case could proceed forward.

Contact The Spence Law Firm for Experienced Assistance

If a defective product has injured you or a loved one, time is not on your side. Every day that passes is one day closer to the statute of limitations expiring. Protect yourself and your right to recovery by calling The Spence Law Firm immediately. Our experienced attorneys can get to work on your claim right away and fight for your compensation.

Call or contact The Spence Law Firm today to schedule your consultation.

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If you are struggling with a serious injury, or are fighting against seemingly impossible odds against big corporations, insurance companies or the government, call us to speak with our team of trial lawyers who will fight for you. We take no fee unless we earn it by winning your case.