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How long after an accident due to the faulty equipment from manufacture can a suit be filed? Injuries kept being discovered.

Fort Myers, FL |

The person was placing a motorcycle on a trailer. I believe in 2007. There was a large gap or hole where you place cycle on trailer and stepping down from bile foot went automatically in the hole. His foot and ankle seriously broken. The bike fell on him and there has been several surgeries needed. The person fell off the bile, off the trailer and onto blacktop hurting head and back. The back injury is now showing up over the past few years and the only thing to relate it to is the accident. Now we hear that the manufacturer had other complaints and has since then made significant changes in that area of the trailer, according to where we purchased the trailer. This was the first time he used the trailer.

I am sorry for mistake in spelling. It is Bike each time not bile. Also the cost and mental stress from the accident has been extremely hard to deal with.

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Attorney answers 4


The question is not , as I take it, how long must you wait to file suit. The question is how long do you have to file suit. That is, by what date do you have to file a suit if you were hurt today. The answer is you have until the statute of limitations runs. At 5 years, I believe you have gone past the time to sue.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.


The tort statute of limitations in Florida is usually four years.


The age of the injured party can come into play, if the person was a minor you might have longer. Consult an attorney in your area immediately.

DISCLAIMER: Gene Burkett is licensed to practice law in the State of Texas and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship


The laws of each state vary. For most personal injury claims in California, for example, you have two years to sue from the date of the injury causing event. But minors may have different deadlines and if the government is a potential defendant, then there would only be 6 months to seek and file a damages claim and then if denied, a letter to sue is issued.

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