Product Liability Statute Of Limitations
A product liability claim is a type of legal claim someone can make against a defective product that causes a personal injury or damage to personal property. Personal injury attorneys can help California consumers file a product liability claim for any personal injury they experience because of a defective product.
California Product Liability Law
California product liability law refers to the legal principles that govern manufacturers, distributors, and retailers’ liability for personal injuries or damages caused by defective products by a manufacturer in California. The law is designed to protect consumers from harm caused from a dangerous or defective product and provide a legal remedy for those who are injured or suffer a personal injury, lost wages, or property damage.
There are three main types of product liability claims in California: negligence, strict liability, and breach of warranty.
In a negligence claim, the plaintiff must prove that the defendant breached a duty of care owed to them, resulting in their injury or damages.
In a strict liability claim, the plaintiff must show that the dangerous products were defective and that the defect caused their injury or damages, regardless of whether the defendant was negligent.
In a breach of warranty claim, the plaintiff alleges that the product failed to meet the terms of a warranty provided by the defendant, causing their injury or damages.
Under California law, manufacturers, distributors, and retailers may be held liable for a product defect if they contributed to the product’s design, production, distribution, or sale. Liability may also be based on a failure to warn consumers of known or foreseeable risks associated with the product.
Additionally, California product liability law includes various specific provisions and exceptions, including the California product liability statute of limitations for product liability claims, rules regarding comparative fault, and requirements for product warning labels.
Overall, California product liability law is complex and constantly evolving, which makes it important for manufacturers, distributors, retailers, and consumers to stay up to date on the latest legal developments and seek advice from knowledgeable personal injury attorneys when needed.
Lawyers for Justice, PC offers a free consultation for consumers who believe they have product liability lawsuits.
Product Liability Statute of Limitations In California
In California, the statute of limitations for product liability legal claim is generally two years from the date of injury or damage caused by the defective product. However, there are some exceptions and nuances to this rule, which could extend or shorten the time limit on the California statute of limitations. Here are some key points to keep in mind for a defective product personal injury claim:
- The two-year statute of limitations applies to cases based on negligence, strict liability, and breach of warranty.
- The two year clock starts ticking on the date of injury or damage, or the date when the plaintiff discovered – or should have discovered – the injury or damage. Whichever comes first.
- In property damage or personal injury cases involving latent or hidden defects, the two-year California statute time limit may be extended up to ten years from the date of sale or lease of the defective product, or within one year of the date the plaintiff discovers the defect. Whichever is earlier.
- If the injured person is a minor or has a mental or physical disability that prevents them from pursuing the claim, the time limit to seek compensation may be extended.
- If the defendant concealed or misrepresented important information related to the manufacturing defects or the occurred injury, the time limit may be extended.
- It’s important to note that if injured victims miss the statute of limitations deadline, it can mean that they lose the right to pursue a products liability claims and seek financial compensation for a product’s defect altogether. It’s crucial to seek legal counsel from a product liability attorney or personal injury lawyer as soon as possible if you believe you have a product liability case.