California Statute of Limitations for Product LiabilityUpdated on Thursday 09th February 2017
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Product liability lawsuits rely on the claimant’s ability to prove that the injury was caused by a malfunction of the product or that the product that was bought by the customer was defective. However, like in all personal injury cases, the authorities in California impose a statute of limitations for product liability cases.
Our Los Angeles personal injury attorneys can help you if you have been injured in an accident caused by a defective product. Our team of experts will be able to assess your case and help you obtain the rightful compensations for your losses.
Time limits for product liability lawsuits in California
The statute of limitations is the time period within which the victim can file a lawsuit against the manufacturer if he/she has been injured by a defective product. The statute of limitations for product liability in California is two years from the time when the injury is or should have been discovered. If you file a lawsuit after the expiration of the statute of limitations, the judge will most likely reject your case no matter how well founded your claims are.
Injuries caused by defective products can have an immediate impact on the victim (wounds caused by defective electrical products, electrocution or other evident injuries), but others may not be detected right away (inhaling fumes from defective chemical products that will eventually harm your lungs). In California, the law can allow the victim to bring forward a case based on this discovery rule: the time limits on the personal injury case can begin after the injury was discovered.
However, because the law stipulates that the statute of limitations can begin when the injury “should have been discovered”, the court can decide that you did not bring the case forward when the first signs of an injury occurred.
Our Los Angeles personal injury attorneys can help you better understand the statute of limitations and file your claim as soon as possible.
We invite you to watch an informative video about the statute of limitations applicable to product liability cases in California:
Defective product liability claims in Los Angeles
California has a strict liability rule for injuries caused by defective products. Victims that have been injured by a defective product need to prove that the injury was indeed caused by that product.
In general, the claimant who states that he was injured by a product must prove that:
- the product was dangerous and even more so, unreasonably dangerous in some cases;
- the injury exists and manifested as stated;
- the injury was indeed caused by using that product (and wouldn’t have occurred should the product hadn’t had that hazardous characteristic to it).
For more information about the manufacturer’s negligence in a personal injury case, defective products victims can talk to one of our personal injury attorneys in Los Angeles.
For more information about your rights as a victim of a defective product, please contact our Los Angeles personal injury attorneys.