Injuries from defective or unsafe products can be costly. As Orange County product liability lawyers, we know these types of injuries can result in medical bills and other damages. You may have many questions as a victim of this type of injury. One question we frequently hear when dealing with product liability cases is this, “If the product that hurt me is old, can I still file a lawsuit?”
Don’t assume just because the product is older that you have no grounds for a claim. The state of California does place statutes of limitations on when you can file. This means that you have to file your lawsuit within a specific time frame for it to be valid. In some cases, a statute of repose may apply as well. The sooner you can file your claim, the better.
What Is A Product Liability Case?
First, to understand if you have a valid claim you should know what California liability law is. In the Golden State, the manufacturer, designer, or seller of a product can be held accountable if the item is defective or dangerous and causes injuries to the consumer. It doesn’t matter if the person in the supply chain was intentionally negligent or not.
Strict liability laws in California mean that a product that is considerably dangerous or fails to warn customers of the risks of using it, then the manufacturer or seller could be held liable for damages. It’s best to discuss your particular case with a seasoned product liability attorney to determine if your situation qualifies for a lawsuit.
Statute Of Limitations In California
In the Golden State, there are time limits for filing the claim after you have been injured. For personal injuries from defective or unsafe products, you must file a claim within two years of the incident. After the two years are up, you will find it very difficult to get a court to hear your case.
Statute Of Repose In A California
A statute of repose essentially places a deadline on the time when you can take legal action after the event has occurred, such as the purchase of the product or the installation of the product in a home. This might concern you if the product is old, but in California, this statute of repose does not apply to every item. Typically, the statute of repose is in place for ten years on products that are considered an improvement on real property, like electrical products or track lighting. This means that other goods may not be subject to a statute of repose. You can sue for the damages that an old product causes in many situations in California.
Get Justice For Your Product Liability Damages
Only a qualified California product liability lawyer will be able to tell you if you have a valid claim for a product liability suit. The attorney will be able to walk you through the legal process and ensure that your rights are protected along the way. If you’ve been injured by an old product, you still have rights! Contact a product liability lawyer to discuss your case and recover your damages today.
