How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thelawman2 Your Own Question
Thelawman2
Thelawman2, Attorney
Category: Legal
Satisfied Customers: 1612
Experience:  Attorney-at-Law
66887675
Type Your Legal Question Here...
Thelawman2 is online now
A new question is answered every 9 seconds

If a person dies of cancer and discovery finds that a

Customer Question

If a person dies of cancer and discovery finds that a product caused the cancer, is there a legal term for this?
JA: What state are you in? It matters because laws vary by location.
Customer: Pennsylvania
JA: Has anything been filed or reported?
Customer: Yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes, discovery was a couple months beyond two years after death.
Submitted: 2 months ago.
Category: Legal
Expert:  Thelawman2 replied 2 months ago.

Hello, my name is ***** ***** I will be helping you today.

So as you are probably aware, there is a two year time limit to file a lawsuit from a product liability issue from the date of the injury. However, there is a "discovery rule" in Pennsylvania where if the product defect is not discovered at the time of the injury due to its fraudulent concealment, the two year clock does not begin until the point at which a reasonable person would have discovered the defect. For example, if a doctor hides the fact that a medical implant fails, then this would be considered fraudulent concealment and the two year period does not begin to run until a reasonable person would know that the medical implant is defective.

There is also another concept known as "statute of repose" which only applies to improvements on real estate (which doesn't sound applicable based on your description of this being a "product."