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Utah Propecia Lawsuit
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For a Utah Propecia Lawsuit, Utah law establishes a limited amount of time for when a claim can be filed. This period of time is called a "statute of limitations." Because Utah law creates a deadline for filing a claim, a man who believes he may be suffering from
Propecia side effects such as permanent erectile dysfunction, impotence, or loss of libido, should consult with an attorney as soon as possible.
Learn More About Propecia and its Risks
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Statute of Limitations for Propecia Lawsuits in UtahA Utah Propecia lawsuit is a product liability action because
Propecia is viewed as a defective product, because its manufacturer provided an inadequate warning of Propecia's side effects. Utah product liability lawsuits may include claims based on strict liability, negligence, and breach of express or implied warranties. The length of the statute of limitations depends on the type of claim, and because of this, a man who believes he may have suffered a Propecia side effect should not delay seeking legal advice.
Claims for negligence resulting in personal injury must be brought within four years of the injury. The discovery rule may toll the limitations period if the plaintiff makes an initial showing that he did not know and could not reasonably have known of the facts giving rise to the cause of action in time to file a timely claim, and either (a) the defendant concealed the facts or misled the plaintiff, or (b) exceptional circumstances exist that would make barring the claim irrational or unjust, where the hardship to the plaintiff, by applying the statute of limitations, outweighs the prejudice to the defendant from the passage of time. However, the discovery rule does not apply to a plaintiff who becomes aware of his injuries and a possible cause of action before the limitations period expires.
All claims under the Utah Product Liability Act, including those for personal injury, must be brought within two years of the time the claimant discovered or should have discovered both the harm and the cause. The running of the statute of limitations is tolled until the plaintiff discovers, or in the exercise of due diligence should have discovered: (1) that he was injured; (2) that the product has a causal relationship to the plaintiff's injury, and (3) the identity of the manufacturer.
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PLEASE NOTE: exactly when a cause of action accrues under Utah law, and therefore also the deadline for bringing a claim for having developed Propecia side effects, varies based on the specific facts of each man's case, including the nature of his injuries and their documentation in his medical records.
If you or a loved one suffers from permanent erectile dysfunction (ED) or other Propecia side effects, contact the Propecia lawyers at DeCarli Law for a free, no-obligation telephone consultation. You may reach us by telephone, or by using the "Contact Us" form on the left side of the page. All inquiries will be completely confidential.
Learn More About Propecia Side Effects
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Selected Utah Statutes:
Utah Code Ann. § 78B-2-307. Within four years.
An action may be brought within four years:
(1) after the last charge is made or the last payment is received:
(a) upon a contract, obligation, or liability not founded upon an instrument in writing;
(b) on an open store account for any goods, wares, or merchandise; or
(c) on an open account for work, labor or services rendered, or materials furnished;
(2) for a claim for relief or a cause of action under the following sections of Title 25, Chapter 6, Uniform Fraudulent Transfer Act:
(a) Subsection 25-6-5(1)(a), which in specific situations limits the time for action to one year, under Section 25-6-10;
(b) Subsection 25-6-5(1)(b); or
(c) Subsection 25-6-6(1); and
(3) for relief not otherwise provided for by law.
Utah Code Ann. § 78B-6-706. Statute of limitations.
A civil action under this part shall be brought within two years from the time the individual who would be the claimant in the action discovered, or in the exercise of due diligence should have discovered, both the harm and its cause. |
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Posted By DeCarli Law on
May 19, 2011 03:30 pm |
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