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What Is the Statute of Limitations for Product Liability in West Virginia?

In West Virginia, the statute of limitations for product liability is generally 2 years under W. Va. Code § 55-2-12(b).

2 YEARS
Product Liability · West Virginia
Unverified
This figure has not been confirmed against the statute text. It is shown for orientation only. Check the official source above before relying on it, and confirm with a licensed West Virginia attorney.

Product liability Deadlines in West Virginia

How long do you have to file a product liability claim in West Virginia?

In West Virginia, the statute of limitations for product liability is generally 2 years under W. Va. Code § 55-2-12(b).

When does the clock start for product liability in West Virginia?

Two years for personal injury caused by a defective product.

Can the West Virginia deadline for product liability be extended?

The discovery trigger applies: the clock starts when the plaintiff knows or by reasonable diligence should know of the injury and its cause. Mapping onto § 55-2-12(b) is doctrinal rather than expressly statutory.

Is the deadline different if the claim is against the government in West Virginia?

Often, yes. Generally 2 years; political subdivision limits apply under W. Va. Code §§ 29-12A-6, 55-2-12. The West Virginia Governmental Tort Claims and Insurance Reform Act, ch. 29-12A, governs claims against political subdivisions and sets a two-year period in § 29-12A-6, alongside immunity provisions and damages caps. West Virginia does not impose a short unive…

How does West Virginia compare to other states for product liability?

West Virginia's 2 years is in the middle of the range nationally. Across the 19 jurisdictions with a verified figure, the deadline for product liability ranges from 1 year to 6 years, and 2 years is the most common. Compare all states →

What Does Product Liability Cover?

Situations that typically fall under the product liability deadline in West Virginia:

01 Defective vehicle parts or components
02 Dangerous pharmaceuticals or medical devices
03 Faulty household appliances or tools
04 Inadequate warnings or instructions
05 Contaminated or mislabeled food products
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Other Filing Deadlines in West Virginia

Statutes of limitations have exceptions, and courts apply them to specific facts. This page states the general rule. A licensed West Virginia attorney can tell you the deadline that applies to your situation.
See every filing deadline in West Virginia, or compare product liability across all states.
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