What is a “statute of limitations” defense to a product liability claim?

A “statute of limitations” defense to a product liability claim is a legal defense that limits the amount of time an individual or organization has to file a civil claim against the person or company liable for the defective product. In California, the statute of limitations for a product liability case is generally two years from the date the injured party was aware or should have been aware of their injury. This defense is based on the legal principle of “laches” meaning that the injured party has a certain period of time to file their claim and if they fail to do so, the court will not consider the claim. This holds true even if the product caused a serious injury. Therefore, if an injured party fails to file their claim within the two-year time frame set by the California statute of limitations, they may be barred from filing a product liability claim ever. The statute of limitations defense is intended to protect defendants from unfounded lawsuits. It also helps ensure that claims are made in a timely manner when evidence is fresh and accessible. This defense may still be argued even if the injured party has shown that a product was defective and caused their injury. The defendant can still argue that the claim was not filed in a timely manner, and if successful, the claim may be dismissed.

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What is a “statute of limitations” defense to a product liability claim?

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