Miss. Code Ann. § 15-1-49
Product Liability
Injuries caused by defective or dangerous products.
Statute of Limitation in Mississippi
The statute of limitations for filing a product liability claim is typically three years from the date of the injury or from the date the product defect is discovered.
Deadline Calculator
Exceptions & Conditions
An exception occurs if the injury is not immediately discoverable; in such cases, the time limitation may be tolled until the defect is known. Additionally, if there is fraudulent concealment regarding the defect, this may also extend the time allowed for filing a claim. Contact an attorney.
Example Scenario
If a product defect is discovered on May 1, 2023, the claim must be filed by May 1, 2026.
Understanding Statutes of Limitations in Mississippi
The statute of limitations for product liability in Mississippi acts as a critical deadline for filing a civil lawsuit. This legal time limit is established by Mississippi state law to ensure disputes are resolved promptly while evidence is fresh and witnesses are available.
What happens if you miss the deadline?
If you attempt to file a lawsuit for product liability after the 3-years period has expired, the defendant will likely file a motion to dismiss the case. In Mississippi, courts generally enforce these time limits strictly. Once the statute of limitations has passed, you typically lose your legal right to pursue compensation or remedy for the specific incident, regardless of the merits of your case.
When does the "clock" start ticking?
Generally, the clock begins on the date the cause of action accrues—often the date of the incident (e.g., the date of the accident or breach of contract). However, Mississippi law may include a "discovery rule," which delays the start of the timer until the injured party discovers, or reasonably should have discovered, the injury or damage.
Why do these laws exist?
Statutes of limitations in Mississippi serve to protect defendants from unfair prosecution for stale claims where evidence may have been lost over time. They also provide certainty for businesses and individuals, knowing that after a set number of years (3 years in this instance), potential liability is extinguished.
Can this be resolved in Mississippi Small Claims court?