The time limits for filing aย product liabilityย claim differ depending on what state you live in. But wherever you file your claim, a lawsuit should begin as soon as possible. It can take time to have all the pieces in place, and the process can extend well past the deadline. Your stateโs statute of limitations governs the period of time you have to bring a legal claim against a product manufacturer or other liable party, but there are various factors that impact the application of a stateโs statute of limitations.
California Statute of Limitations
The state of California enforces a two-yearย statute of limitationsย for product liability. The time limit applies to injuries caused by another partyโs wrongful acts or negligence, from when an โinjury is or should have been discoveredโ. Generally, it is triggered on the first day of the injury. If a lawsuit is filed after the deadline, and even if you have evidence to back your claims, the judge will probably reject your case.
An exception to the two-year deadline is when a claim is filed to recover compensation for personal property. If property damage is caused by a defective product or part, a three-year statute of limitations applies.
California law also accounts for the classification of injuries. An injury caused by a defective product can cause immediate harm, such as a wound or electrocution. Other impacts may not be immediately detectable; for example, a product that emitted chemical fumes that eventually caused lung damage. In such cases, the time limits on the case begin after the injury was discoveredโthis is often useful in defective medical product cases.
Proving a Defective Product Caused an Injury
To prove an injury was caused by a specific product, a claimant must provide clear evidence that:
- The item was dangerous or unreasonably dangerous
- Your injury is present and manifests per the statement provided
- The injury was indeed caused by using the product and,
- Would not have occurred if it didnโt have the dangerous attribute
Other Factors Affecting Time Limits
Defendants typically look for a way out using the statute of limitations wherever they can. Examples of how they can do this include:
- Manufacturer Notifications: Deliberate notifications of product defects are sometimes issued. The clock starts ticking when this notification is provided. However, the manufacturerโs communication to the consumer doesnโt always explicitly state what the problem is or that thereโs a given amount of time to bring a lawsuit.
- Secondary Time Limits: Statues of repose may be set from the date a defective product was sold. These limits are often several years past the typical statute of limitations set in that state. Theyโre typically applied in states following theย injury-discovery rule. But again, this can imply the deadline starts when you should have discovered the injury, even if you didnโt know you had been injured.
Get Help for Your Case
At The Law Offices of Jacob Emrani, we are familiar with every law that applies to personal injury claims in California. Filing aย defective product lawsuitย can be tricky depending on the circumstances of your case. Our skilledย Los Angeles personal injury lawyerย will review your case and help file a lawsuit that accounts for all pertinent legal matters. Our primary goal is to fight to get the compensation you deserve, and weโve recovered millions of dollars in damages for clients over the years. To schedule a free case evaluation, call us atย 888-859-8439ย today!