How long do I have to bring a product liability claim?

In California, the statute of limitations for a product liability claim depends on the type of claim you are making. Generally, a person has two years from the date of injury to bring a product liability claim and file a lawsuit. This time period applies for claims of personal injury and wrongful death. If you are claiming property damage, such as damage to an item or piece of equipment, the statute of limitations is three years from the date of damage. This time period applies even if the injury or damage was not immediately apparent. For example, if a car part fails and causes damage after a year of use, the claim must still be brought within three years of the damage. The statute of limitations can differ based on a particular product or the circumstances surrounding your injury. For example, if a pharmaceutical company fails to warn of a drug’s dangerous side effects, you may be able to bring an action for “failure to warn” even if the statute of limitations for a product liability claim has expired. In this instance, you would have one year from the date you became aware of the defective product to file a lawsuit. Therefore, it is important to consult with an experienced attorney as soon as possible to determine the exact statute of limitations in your case and make sure that you do not miss any deadlines.

Related FAQs

What is a “manufacturing defect” in defective products law?
What is a “design defect” in defective products law?
What is the difference between a manufacturer’s defect and a design defect in a defective products case?
Is there an administrative process for defective products claims?
Are punitive damages available in defective products cases?
How do I know if I have a valid defective products claim?
What is the “consumer expectation test” in defective products law?
What is the “risk-utility test” in defective products law?
What types of damages are recoverable in defective products cases?
What are my rights in a defective products case?

How long do I have to bring a product liability claim?

Related FAQs

Related Blog Posts