Is There A Time Limit When I Have To File My Bair Hugger Lawsuit?
Yes. Every state has a statute of limitations that prohibits you from bringing actions after a specified amount of time. The amount of time you have, though, depends on the kind of damages you suffer.
- If you bring a negligence or products liability action for personal injuries, then you have two years from the date of the incident to bring a lawsuit. See 735 ILCS 5/13-202 (2010); 735 ILCS 5/13-205 (2010).
- If you bring a negligence or products liability action for property damage, then you have 5 years from the date of the incident to bring a lawsuit. See 735 ILCS 5/13-202 (2010); 735 ILCS 5/13-205 (2010).
- The statute of limitations may be extended if you reasonably do not discern you were injured during an incident and only discovery the harm later. In that case, you will get the same length of time from when you discovered or reasonably should have discovered your injury. 735 ILCS 5/13-213(d) (2010).
- With products liability cases, Illinois still prohibits your lawsuit if you do not bring it within 12 years from when the item was first sold, 10 years from when you first obtained it, or 10 years from when it was first altered. See 735 ILCS 5/13-213(b), (c)(2) (2010).
For additional information, see the following pages:
- What is a Bair Hugger blanket?
- What are the risks of using a Bair Hugger?
- Has the FDA taken any action against the makers of the Bair Hugger?