Product Liability Claims: The Application of the Statute of Limitations and Product Liability Claims – A Nationwide Examination 

The following is a nationwide examination of the Statute of Limitations as it applies to Product Liability claims. The statute of limitations for product liability actions vary from state to state, as state law governs products liability. The following nationwide examination is a tool to aid professionals on issues regarding product liability claims. Please note that the following is a brief overview. Every case is different, and counsel should be consulted for further analysis on pending actions. 

Upon review, if you have any further questions or concerns as to how this nationwide examination of product liability claims and the application of the Statute of Limitations thereto may apply to your company, we, at Thomas Paschos & Associates, P.C. would be glad to speak with you. One of our attorneys specializing in this field can speak with you today about our services. Contact Thomas Paschos & Associates, P.C. for more information. We can be reached at 856-354-1900 or 267-205-2444. You can also contact Thomas Paschos, Esq. at TPaschos@pascholaw.com.  

Alabama 

Actions alleging injury, death, or damage as a result of defective products have a statute of limitations of 2 years. See Ala. Code § 6-2-38(l) (A prior statute of repose provision, Ala. Code § 6-5-502, was declared unconstitutional in Lankford v. Sullivan, Long & Hagerty, 416 So. 2d 996 (Ala. 1982); see also Daniel v. Heil Co., 418 So. 2d 96, 97 (Ala. 1982). This rendered the statute of limitations provisions unconstitutional as well. Ala. Code § 6-5-504 (non-severability provision). In the absence of a specific statute of limitations for product liability, the catch-all statute of limitations for personal injury actions controls actions based upon product liability. See Denton v. Sam Blount, Inc., 669 So. 2d 951, 953 (Ala. Civ. App. 1995)). The cause of action accrues when the injury occurs (if the product liability claim is based on negligence.) 

Alaska 

A person may not bring an action for personal injury or death, or for injuring personal property, unless the action is commenced within two years of the accrual of the cause of action. Alaska Stat. § 09.10.070. 

Arizona 

Actions for products liability have a statute of limitations of 2 years. See Ariz. Rev. Stat. §§ 12-551, 12-542. The accrual of the cause of action is when the injury occurs. Per the statute of repose, no action may be commenced if it accrues more than 12 years after the product was first sold, unless it is based on negligence of the manufacturer or seller or a breach of express warranty. See Ariz. Rev. Stat. § 12-551. 

Arkansas 

All product liability actions shall be commenced within three years after the date on which the death, injury, or damage complained of occurs. See Ark. Code Ann. § 16-116-203. 

In a product liability action, the actual discharge of a firearm, a nonpowder gun, or ammunition by a person shall be the proximate cause of injury, damage, or death resulting from the use of the product, and not the inherent capability to cause injury, damage, or death of the firearm, the nonpowder gun, or ammunition. See Ark. Code Ann. § 16-116-301. 

California 

There is no specific statute of limitations for product liability actions in California. Product liability claims are governed by the general limitations periods set forth in the Code of Civil Procedure based on the nature of the injury caused (e.g., wrongful death, personal injury, injury to real or personal property, injury caused by asbestos or other toxic substance exposure). 

An action injury to, or for the death of, an individual caused by the wrongful act or neglect of another must be commenced within two years. See Cal. Civ. Proc. Code § 335.1. 

Colorado 

Actions for product liability have a statute of limitations of 2 years. See C.R.S. § 13-80-106. The accrual of the cause of action is, if under no disability, the date both the injury and its cause are known or should have been known by the exercise of reasonable diligence, C.R.S. § 13-80-108(1), or the date the disability is removed (C.R.S. § 13-80-106(2).) 

Connecticut 

Actions for products liability have a statute of limitations of 3 years. See Conn. Gen. Stat. § 52-577a(a). The accrual of the cause of action is when the injury, death, or property damage is first sustained or discovered, or in the exercise of reasonable care should have been discovered. The statute of repose is 10 years. See Conn. Gen. Stat. § 52-577a(a). The accrual of the cause of action is the date that the defendant last parted with possession or control of the product. The 10-year statute of repose may be extended by any express written warranty (Conn. Gen. Stat. § 52-577a(d)), and does not apply to: any product liability claims brought by a claimant who can prove the harm occurred during the useful safe life of the product (Conn. Gen. Stat. § 52-577a(c)), any product liability claims involving injury, death, or damage caused by asbestos, except: claims for injury or death due to asbestos must be brought within 80 years after claimant’s last exposure, claims for property damages must be brought within 30 years after the date of last exposure (Conn. Gen. Stat. § 52-577a(e).) 

Delaware 

Actions for products liability have a statute of limitations of 2 years. See Del. Code Ann. tit. 10, § 8119. The accrual of the cause of action is when the injury is claimed to have been sustained or, subject to the time of discovery exception, when the plaintiff is on notice that he or she has sustained a tortious injury. See Rumbo v. Am. Med. Sys. Inc., 2021 Del. Super. LEXIS 357, at *6-8 (Apr. 29, 2021). 

District of Columbia 

Actions for products liability have a statute of limitations of 3 years. See D.C. Code § 12-301(8). The accrual of the cause of action is when the plaintiff knows, or by the exercise of reasonable diligence should know, of his or her injury, the injury’s cause-in-fact, and some evidence of wrongdoing. See Bussineau v. President & Dirs. of Georgetown Coll., 518 A.2d 423, 428 (D.C. 1986). 

Florida 

The product liability statute of limitations is 4 years. See Fla. Stat. § 95.11(3)(D). A cause of action accrues when the last element constituting the cause of action occurs. See Fla. Stat. § 95.031(1). In product liability cases, the statute of limitations begins to run on the date the plaintiff knew or should have known of his or her injury. See Wood v. Eli Lilly & Co., 701 So. 2d 344 (Fla. 1997). In general, a statute of repose applies to products liability actions. For a product with a useful life of 10 years or less, the plaintiff must bring suit within 12 years. See Fla. Stat. § 95.031(2)(b). Some products have a 20-year statute of repose. See Fla. Stat. § 95.031(2)(b)(3). 

Georgia 

Actions on product liability have a statute of limitations of 10 years. See O.C.G.A. § 51-1-11(c). The accrual of the cause of action is the date of the first sale for use or consumption of personal property. 

Hawaii 

Actions for the recovery of compensation for damage or injury to persons or property shall be instituted within two years after the cause of action accrued. See Haw. Rev. Stat. Ann. § 657-7. 

Idaho 

No product liability claim may be brought more than two years from the time the cause of action accrued. See Idaho Code § 6-1403. Ten years after a product is delivered, a rebuttable presumption arises that the harm was caused after the useful safe life of the product, with specific exceptions. See Idaho Code § 6-1403. The potential of a firearm or ammunition to cause serious injury, damage, or death when discharged does not make the product defective in design. See Idaho Code § 6-1410. 

Illinois 

Actions for product liability (causing injury to property) have a statute of limitations of 5 years (10- or 12-year statute of repose, depending on circumstances). See 735 ILCS 5/13-205; 735 ILCS 5/13-213. The accrual of the cause of action is when the plaintiff knows or reasonably should know of his or her injury and knows or reasonably should know that it was wrongfully caused. See Caraker v. Sandoz Pharms. Corp., 1999 U.S. Dist. LEXIS 10740 (S.D. Ill. June 7, 1999). 

Actions for product liability (causing personal injury) have a statute of limitations of 2 years (with 10- or 12-year statute of repose, depending on circumstances). See 735 ILCS 5/13-202; 735 ILCS 5/13-213. The accrual of the cause of action is when the plaintiff knows or reasonably should know of his or her injury and knows or reasonably should know that it was wrongfully caused. See Caraker v. Sandoz Pharms. Corp., 1999 U.S. Dist. LEXIS 10740 (S.D. Ill. June 7, 1999). 

Indiana 

Actions for product liability have a statute of limitations of 2 years. See Ind. Code Ann. § 34-20-3-1(b)(1). The accrual of the cause of action is the date the plaintiff knew or should have discovered that he or she suffered an injury and that it was caused by the product of another. See Degussa Corp. v. Mullens, 744 N.E.2d 407 (Ind. 2001). The statute of repose is 10 years. See Ind. Code Ann. § 34-20-3-1(b)(2). The accrual of the cause of action is the date of delivery of the product to the initial user or consumer, but if the cause of action accrues at least 8 years, but less than 10 years, after that initial delivery, the action may be commenced at any time within 2 years of accrual. Actions for product liability based on exposure to asbestos have a statute of limitations of 2 years. See Ind. Code Ann. § 34-20-3-2(a). The accrual of the cause of action is when the plaintiff knows that he or she has an asbestos-related disease or injury. See Ind. Code Ann. § 34-20-3-2(b). 

Iowa 

Actions for product liability have a statute of Repose of 15 years. See Iowa Code § 614.1(2A). The accrual of the cause of action is when the product was first purchased. See Branson v. O.F. Mossberg & Sons, Inc., 221 F.3d 1064 (8th Cir. 2000). However, the statue of repose does not affect the time which a person found liable may seek contribution or indemnity from another person whose actual fault caused a product to be defective. The statute of repose does not apply if the manufacturer, assembler, designer, supplier of specifications, seller, lessor, or distributor of the product intentionally misrepresents facts about the product or fraudulently conceals information about the product and that conduct was a substantial cause of the claimant’s harm. See Iowa Code § 614.1(2)(A)(a). 

Kansas 

Negligence causes of action are limited to two years. See Kan. Stat. Ann. § 60-513. There is a rebuttable presumption that the product was not defective when it was in compliance with legislative regulatory standards or administrative regulatory safety standards relating to design or performance. See Kan. Stat. Ann. § 60-3304. 

Kentucky 

Actions for personal injury have a statute of limitations of 1 year. See Ky. Rev. Stat. Ann. § 413.140(1)(a). The accrual of the cause of action is when the injury occurs.  

Actions for personal injury arising out of a motor vehicle accident have a statute of limitations of 2 years. See Ky. Rev. Stat. Ann. § 304.39-230. The accrual of the cause of action is the later of the date the injured person suffers the loss and either knows or in the exercise of reasonable diligence should know that the loss was caused by the accident, the last payment of basic reparation benefits, or not later than 4 years after the accident, whichever is earlier. See Ky. Rev. Stat. Ann. § 304.39-230. 

Louisiana 

Claims under the Louisiana Products Liability Act (delictual actions) have a statute of prescription of 1 year (liberative prescription). See La. Civ. Code Ann. art. 3492; La. Rev. Stat. Ann. § 9:2800.51 et seq. The accrual of the cause of action is the date the damage or injury is sustained. See Stewart Interior Contractors, L.L.C. v. Metalpro Indus., L.L.C., 2013-0922, 130 So. 3d 485, 489 (La. App. 4 Cir 01/08/14). 

Maine 

All civil actions shall be commenced within six years after the cause of action accrues and not afterwards. See Me. Rev. Stat. tit. 14, § 752. 

Maryland 

Actions for product liability have a statute of limitations of 3 years. See Md. Code Ann., Cts. & Jud. Proc. § 5-101. The accrual of the cause of action is when the plaintiff knew or should have known that he or she had a cause of action. See Pennwalt Corp. v. Nasios, 550 A.2d 1155 (Md. App. 1988). 

Massachusetts 

Actions for product liability have a statute of limitations of 2 years. See Mass. Gen. Laws ch. 260, § 2A. The accrual of the cause of action is when the injury occurs (if claim is predicated on theory of negligence). See Cannon v. Sears, Roebuck & Co., 374 N.E.2d 582, 584 (Mass. 1978). 

Michigan 

A products liability action has a statute of limitations of 3 years. See MCL § 600.5807(12). The accrual of the cause of action is the date when the plaintiff is harmed. See Trentadue v. Gorton, 479 Mich. 378, 388 (2007); see MCL § 600.587. 

Minnesota 

An action based on the strict liability of the defendant and arising from the manufacture, sale, use or consumption of a product (except where otherwise provided by law) has a statute of limitations of 4 years. See Minn. Stat. § 541.05, subd. 2. The cause of action accrues when a plaintiff can allege each of the essential elements of a claim. Thus, a cause of action normally accrues when the plaintiff suffers a compensable injury from the defendant’s conduct. See MacRae v. Grp. Health Plan, Inc., 753 N.W.2d 711, 717, 719–20 (2008). 

Mississippi 

All actions for which no other period of limitation is prescribed shall be commenced within three years next after the cause of such action accrued. See Miss. Code Ann. § 15-1-49. 

Missouri 

Product liability actions have a statute of limitations of 5 years. See Mo. Rev. Stat. § 516.120(4). The accrual of the cause of action is not when the wrong is done or the technical breach of contract or duty occurs, but when the damage resulting therefrom is sustained and is capable of ascertainment, and, if more than one item of damage, then the last item, so that all resulting damage may be recovered, and full and complete relief obtained. See Mo. Rev. Stat. § 516.100. Damages are capable of ascertainment and “the statute of limitations begins to run when the evidence was such to place a reasonably prudent person on notice of a potentially actionable injury.” See Powel v. Chaminade College Preparatory, Inc., 197 S.W.3d 576, 582 (Mo. 2006) (internal quotation omitted). The test to be applied is “when a reasonable person would have been put on notice that an injury and substantial damages may have occurred and would have undertaken to ascertain the extent of the damages.” See State ex rel. Marianist Province of the United States v. Ross, 258 S.W.3d 809, 811 (Mo. 2008). A cause of action accrues when a party can first ascertain the fact of damage, even though he may not know the exact amount of damage. See Business Men’s Assurance Co. of Am. v. Graham, 984 S.W.2d 501, 507 (Mo. 1999). Despite the plain language of Mo. Rev. Stat. § 516.100, note that there is a line of cases stating that the fact that further damage may occur does not delay accrual. See, e.g., D’Arcy & Assocs., Inc. v. K.P.M.G. Peat Marwick, L.L.P., 129 S.W.3d 25, 29 (Mo. App. 2004) (accrual requires only that some damage be sustained and be capable of being ascertained; that further damage may occur does not matter). 

Montana 

The period prescribed for the commencement of an action to recover damages for the death of one caused by the wrongful act or neglect of another is within three years. See Mont. Code Ann. § 27-2-204. The potential of a firearm or ammunition to cause serious injury, damage, or death when discharged does not make the product defective in design. See Mont. Code Ann. § 27-1-720. 

Nebraska 

All product liability actions shall be commenced within four years next after the date on which the death, injury, or damage complained of occurs. See Neb. Rev. Stat. Ann § 25-224. 

Nevada 

Actions for injury to person have a statute of limitations of 2 years. See Nev. Rev. Stat. Ann. § 11.190(4)(e). The accrual of the cause of action is when the plaintiff knows, or reasonably should have discovered facts supporting a cause of action. See Crabb v. Harmon Enters., 2014 Nev. Unpub. LEXIS 208 (Nev. Feb. 10, 2014). 

Actions for other injuries have a statute of limitations of 4 years. See Nev. Rev. Stat. Ann. § 11.220. The accrual of the cause of action is when the plaintiff knows, or reasonably should have discovered facts supporting a cause of action. See Crabb v. Harmon Enters., 2014 Nev. Unpub. LEXIS 208 (Nev. Feb. 10, 2014). 

New Hampshire 

All product liability actions must be commenced within three years of the time the injury is, or should have been, discovered. See N.H. Rev. Stat. Ann. § 507-D:2. 

New Jersey 

Actions for product liability have a statute of limitations of 2 years. See N.J. Stat. Ann. § 2A:14-2. The accrual of the cause of action is when the plaintiff first knew of the cause of action or reasonably should have known through due diligence. See Cornett v. Johnson & Johnson, 211 N.J. 362 (2012). 

New Mexico 

Actions for an injury to the person or reputation of any person must be brought within three years. See N.M. Stat. Ann. § 37-1-8. 

New York 

Actions for product liability have a statute of limitations of 3 years. See N.Y. C.P.L.R. 214. The accrual of the cause of action is when the injury occurs. See Martin v. Edwards Labs., Div. of Am. Hosp. Supply Corp., 60 N.Y.2d 417 (1983). 

North Carolina 

Actions for product liability have a statute of limitations of 3 years. See N.C. Gen. Stat. § 1-52(16). The accrual of the cause of action is when the injury becomes apparent or should reasonably have become apparent to the plaintiff, whichever is first. See N.C. Gen. Stat. 1-52(16). The statute of repose is 12 years. See N.C. Gen. Stat. § 1-46.1. The accrual of the cause of action is the date of the initial purchase for use or consumption.

North Dakota 

An action upon a contract, obligation, or liability, express or implied shall be commenced within six years. See N.D. Cent. Code § 28-01-16. There is a rebuttable presumption that a product is free from any defect or defective condition if the plans, designs, warnings, or instructions for the product or the methods and techniques of manufacturing, inspecting, and testing the product were in conformity with government standards established for that industry or if no government standards exist then with applicable industry standards, which were in existence at the time the plans, designs, warnings, or instructions for the product or the methods and techniques of manufacturing, inspecting, and testing the product were adopted. See N.D. Cent. Code § 28-01.3-09. 

Ohio 

Actions for product liability have a statute of limitations of 2 years. See O.R.C. 2305.10(A), (C)(1). The accrual of the cause of action is when the injury occurs, except in the following instances where the discovery rule applies to bodily injuries caused by: exposure to hazardous or toxic chemicals, ethical drugs, or ethical medical devices, exposure to chromium, in the case of veterans, exposure to chemical defoliants or herbicides, including agent orange, exposure to diethylstilbestrol or other nonsteroidal synthetic estrogens, including exposure before birth, exposure to asbestos. See Rife v. Matrixx Initiatives, Inc., 2007 U.S. Dist LEXIS 20933 (S.D. Ohio Mar. 23, 2007); Ohio Rev. Code Ann. §§ 2305.10(B)(1)–(5). The statute of repose is 10 years from the initial product delivery. See O.R.C. 2305.10(A), (C)(1). However, if the plaintiff cannot commence an action within the 10 year period due to a disability pursuant to O.R.C. 2305.16 (minority or unsound mind), then the plaintiff may bring a claim within 2 years after the disability is removed. See O.R.C. 2305.10(C)(5). 

Oklahoma 

Actions for products liability have a statute of limitations of 2 years. See Okla. Stat. tit. 12, § 95(A)(3). The accrual of the cause of action is when the plaintiff knows, or by the exercise of reasonable diligence should know, of his or her injury. See Morgan v. State Farm Mut. Auto. Ins. Co., 488 P.3d 743, 750 (Okla. 2021). 

Oregon 

A product liability civil action for personal injury or property damage must be commenced not later than two years after the plaintiff discovers, or reasonably should have discovered, the personal injury or property damage and the causal relationship between the injury or damage and the product, or the causal relationship between the injury or damage and the conduct of the defendant. See Or. Rev. Stat. Ann. § 30.905. 

Pennsylvania 

Actions for product liability have a statute of limitations of 2 years. See 42 Pa.C.S. § 5524; Pol v. Smith Provision Co., 2020 U.S. Dist. LEXIS 33005 (W.D. Pa. Feb. 26, 2020). The accrual of the cause of action is when the plaintiff suffered an injury. See Fine v. Checcio, 582 Pa. 253 (Pa. 2005). However, this period may be tolled in certain matters concerning latent injury or an inapparent causal connection. See Wilson v. El-Daief, 600 Pa. 161 (Pa. 2009). 

Rhode Island 

Actions for injuries to the person shall be commenced and sued within three years next after the cause of action shall accrue. See R.I. Gen. Laws § 9-1-14. 

South Carolina 

Actions for products liability have a statute of limitations of 3 years. See S.C. Code Ann. § 15-3-530. The accrual of the cause of action is when the plaintiff knew or by the exercise of reasonable diligence should have known he or she had a cause of action. See S.C. Code Ann. § 15-3-535. 

South Dakota 

An action against a manufacturer, lessor, or seller of a product, may be commenced only within three years of the date when the personal injury, death, or property damage occurred, became known or should have become known to the injured party. See S.D. Codified Laws § 15-2-12.2. 

Tennessee 

Actions for products liability have a statute of limitations of 6 years. See Tenn. Code Ann. § 29-28-103(a). The accrual of the cause of action is when the injury occurs or, subject to the discovery rule, when the plaintiff knows or in the exercise of reasonable care and diligence should know that an injury has been sustained as a result of wrongful or tortious conduct by the defendant. See John Kohl & Co. P.C. v. Dearborn & Ewing, 977 S.W.2d 528, 532 (Tenn. 1998). The statute of repose is the shorter of 10 years from the date of injury or within 1 year after the expiration of the anticipated life of the product. See Tenn. Code Ann. § 29-28-103(a). The accrual of the cause of action is the date the product was purchased for consumption for the 10 year statute of repose, or the expiration of the anticipated life of the product for the one year statute of repose. The statute of repose does not apply to actions resulting from exposure to asbestos or human implantation of silicone gel breast implants. 

Actions resulting from exposure to asbestos have a statute of limitations of 1 year. See Tenn. Code Ann. § 28-3-104(a)(1)(A). The accrual of the cause of action is the earlier of when the exposed person received a medical diagnosis of an asbestos-related impairment, when the exposed person discovered facts that would have led a reasonable person to obtain a medical diagnosis with respect to the existence of an asbestos-related impairment, or the date of death of the exposed person having an asbestos-related impairment. See Tenn. Code Ann. § 29-34-707(a). 

Actions resulting from human implantation of silicone gel breast implants have a statute of limitations of 4 years. See Tenn. Code Ann. § 29-28-103(c). The accrual of the cause of action is when the plaintiff knew or should have known of the injury. The statute of repose is 25 years. See Tenn. Code Ann. § 29-28-103(c). The accrual of the cause of action is the date the product was implanted. 

Texas 

A product liability action, as defined by Tex. Civ. Prac. & Rem. Code § 16.012(a)(2), regardless of the theory, has a statute of limitations of 2 years or 4 years (breach of warranty). See Tex. Civ. Prac. & Rem. Code § 16.003(a) (general tort limitations period); Tex. Bus. & Com. Code § 2.725(a) (breach of warranty). Unless the discovery rule applies, generally the cause of action accrues when a wrongful act causes some legal injury, even if the fact of the injury is not discovered until later and even if all resulting damages have not yet occurred (S.V. v. R.V., 933 S.W.2d 1, 4 (Tex. 1996)); a breach of warranty claim accrues when the tender of delivery is made, except that where a warranty explicitly extends to the future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered (Tex. Bus. & Com. Code § 2.725(b).) The statute of repose is 15 years, or the length of the warranty period where the manufacturer or seller expressly warrants that the product has a useful sale life of longer than 15 years. See Tex. Civ. Prac. & Rem. Code § 16.012(b), (c). The accrual of the cause of action is the date of the sale of the product; the statute of repose does not apply to certain claims involving diseases caused by exposure to a product in which the symptoms did not manifest before the end of the 15-year period (see Tex. Civ. Prac. & Rem. Code § 16.012(b), (c), (d)); applies only to sale, not lease, of product (Tex. Civ. Prac. & Rem. Code § 16.012(f)). 

Utah 

Actions for product liability have a statute of limitations of 2 years. See Utah Code Ann. § 78B-6-706. The accrual of the cause of action is the date the individual discovered, or in the exercise of due diligence should have discovered, the harm and its cause. 

Vermont 

Actions for personal injuries or injuries to property must be commenced within three years. See Vt. Stat. Ann. tit. 12, § 512. 

Virginia 

Actions for personal injury based on a product liability theory have a statute of limitations of 2 years. See Va. Code Ann. § 8.01-243(A). The accrual of the cause of action is when the injury occurs. (See Bly v. Otis Elevator Co., 713 F.2d 1040, 5 n.1 (4th Cir. 1983), modified on reh’g en banc, 754 F.2d 1111 (4th Cir. 1985).) 

Washington 

An action on a product liability claim as defined in Wash. Rev. Code Ann. § 7.72.010(4) has a statute of limitations of 3 years. See Wash. Rev. Code Ann. § 7.72.060(3). The accrual of the cause of action is the date that the claimant discovered or in the exercise of due diligence should have discovered the harm and its cause. The statute of repose is the expiration of a product’s “useful sale life,” as defined in Wash. Rev. Code Ann. § 7.72.060(1)(a). See Wash. Rev. Code Ann. § 7.72.060(1). Useful sale life begins at the time of delivery of product and extends for the time during which product would normally be likely to perform or be stored in a safe manner (Wash. Rev. Code Ann. § 7.72.060(1)(a)). A claim may be brought for harm caused after the expiration of the useful sale life under specified conditions (see Wash. Rev. Code Ann. § 7.72.060(1)(b).) Harm is presumed to have occurred after the expiration of the useful sale life if it occurs more than 12 years after time of delivery; the presumption may be rebutted by a preponderance of the evidence. (Wash. Rev. Code Ann. § 7.72.060(2).) 

West Virginia 

Actions for personal injuries and damage to property shall be brought within two years of accrual. See W. Va. Code § 55-2-12. 

Wisconsin 

An action to recover damages for injuries to the person or death shall be commenced within three years. See Wis. Stat. Ann. § 893.54. Evidence that the product, at the time of sale, complied in material respects with relevant standards, conditions, or specifications adopted or approved by a federal or state law or agency shall create a rebuttable presumption that the product is not defective. See Wis. Stat. Ann. § 895.047. 

Wyoming 

Actions for injury to the plaintiff, not arising on contract, shall be commenced within four years. See Wyo. Stat. Ann. § 1-3-105