The statute of limitations is the legal deadline by which a lawsuit must be filed. Miss it and the claim is permanently barred, no matter how strong the underlying facts. Different states impose different deadlines, and even within the same state different categories of claims can run on different clocks. This page explains how the deadlines work, the situations that pause or extend them, and why we urge fire pit injury victims to call as soon as they reasonably can after an incident.

Typical Filing Windows by Claim Type

Below are the general ranges. Your specific state may impose a shorter or longer window, and certain facts can shift the clock entirely. Treat these as a starting reference and confirm with an attorney before relying on them.

• Personal injury (product liability): two to four years from the date of the injury in most states
• Wrongful death: one to three years from the date of death
• Property damage: two to four years from the date of damage
• Survival action (for the pre-death pain and suffering of a deceased victim): often a separate deadline
• Minor victims: the clock is typically paused until the victim turns 18
• Discovery rule cases: the clock may start when the defect was reasonably discoverable, not at the moment of injury

When the Clock Starts

The triggering event for most product liability statutes of limitations is the date the injury occurred. That sounds simple but can become complicated quickly, particularly when injuries develop or become apparent only over time. Most state courts apply a discovery rule that starts the clock when a reasonable person would have known both that they were injured and that a defective product caused the injury — but the contours of this rule vary significantly across jurisdictions.

Situations That Pause or Extend the Clock

Even after the deadline appears to have run, several legal doctrines can preserve a claim. Do not assume you are out of time without consulting an attorney first.

Minority Tolling

When the injured person is a minor, most states pause the statute of limitations until the victim reaches the age of majority. The full filing window then begins, often giving the now-adult victim several more years to bring a claim. Parents can pursue claims on behalf of an injured minor at any point during the minority, but the minor’s personal claim is independently preserved.

Discovery Rule

If the connection between the injury and the defective product was not reasonably discoverable at the time of the incident — for example, an internal injury that only manifested later, or a latent defect not understood by consumers until years afterward — the clock may run from the date of discovery rather than the date of injury.

Fraudulent Concealment

If the manufacturer actively concealed information about the defect — for example, knowing of similar prior failures and hiding them — courts can extend or restart the limitations period to prevent the manufacturer from benefiting from its own concealment.

State-Specific Deadlines: Common Examples

These are illustrative figures only. State laws change, and exceptions apply. Confirm your state’s current rules with an attorney before relying on any specific deadline.

• California — 2 years personal injury, 2 years wrongful death
• Texas — 2 years personal injury, 2 years wrongful death
• Florida — 2 years personal injury (post-2023 reform), 2 years wrongful death
• New York — 3 years personal injury, 2 years wrongful death
• Pennsylvania — 2 years personal injury and wrongful death
• Illinois — 2 years personal injury and wrongful death
• Georgia — 2 years personal injury, 2 years wrongful death
• Ohio — 2 years personal injury, 2 years wrongful death

Why Acting Quickly Matters Beyond the Deadline

The legal deadline is only one reason to act quickly. Physical evidence degrades. Medical providers move on and records become harder to retrieve. Witnesses forget details or become unavailable. The defective fire pit itself may be damaged further, discarded, or returned to the manufacturer — each of which weakens your case. Acting within weeks rather than months gives your legal team the best possible foundation for the case.

Why Choose Langley Still & Foss

• Confirmed nationwide intake — we know your state’s deadline
• Same-day evidence preservation when the deadline is close
• No fee unless we win
• Free consultation with no obligation

Call Today — The Clock Is Running

If you have any concern that the deadline may be approaching, call our intake team today. We will confirm your specific deadline and walk you through the next steps. There is no cost to find out.

Frequently Asked Questions

I think I might be past the deadline. Should I still call?

Yes, please call. Many cases that appear to be past the deadline actually qualify under one of several legal exceptions — minority tolling, discovery rule, or fraudulent concealment. A 15-minute consultation can confirm whether your specific situation still has time. The consultation costs nothing.

Does the deadline restart if my injury keeps getting worse?

Generally no — the clock runs from the date of the original injury, not from the date your condition deteriorated. Some states do extend deadlines for newly-discovered medical complications, but waiting for symptoms to worsen is not a reliable strategy. File as soon as you know you have been injured.

How does the deadline work if my loved one died from a fire pit injury weeks or months after the incident?

Wrongful death deadlines typically run from the date of death rather than the date of the original injury, which can give surviving families additional time. A separate survival action may also be available for the pre-death pain and suffering, with its own deadline. Both should be evaluated by an attorney.

I’m a minor, or my injured child is a minor. How does the deadline apply?

Most states pause the statute of limitations during minority. The clock typically begins when the minor turns 18, giving an additional full filing window. A parent or guardian can also file on the minor’s behalf at any time. Bring the question to our consultation and we will confirm the specifics for your state.

Exceptions and Tolling Provisions That Can Extend Your Deadline

The statute of limitations period that applies to a fire pit injury claim is not always a straightforward count from the date of the incident. Many states recognize exceptions and tolling provisions that can extend the filing window in specific circumstances. Understanding whether one of these provisions applies to your situation can be the difference between a viable claim and a claim that is time-barred.

The discovery rule applies in many jurisdictions when the injury or its cause was not immediately apparent. In such cases, the statute of limitations may not begin to run until the injured person knew or reasonably should have known that an injury occurred and that it was caused by a defective product. This is particularly relevant in fire pit cases involving delayed-onset complications, slow-developing burn injuries, or situations where the defect was only identified after subsequent incidents brought it to public attention.

Minor plaintiffs receive special treatment in nearly every state. The statute of limitations is typically tolled, or paused, while the injured person is under the age of eighteen, with the clock beginning to run only when the minor reaches the age of majority. This means a child injured by a defective fire pit at age ten may have years longer to file than the standard limitation period would otherwise allow.

Other exceptions exist for plaintiffs who were mentally incapacitated at the time of the injury, for defendants who fraudulently concealed the defect, and in some states for cases brought against out-of-state defendants. Because these exceptions are highly state-specific and fact-dependent, an early consultation with an attorney is essential to confirming whether your case can still be filed. Begin with our confidential case review.