Statute of Limitations for Product Liability
What is the Statute of Limitations for filing product liability lawsuits in California?
In California, the statute of limitations in products liability cases is one year. Cal Code Civ Proc § 340. The time starts running when the plaintiff knows of the injury and is suspicion of wrongdoing. The existence of such knowledge is a factual determination for the jury to decide. A jury makes this determination using the following factors (1) knowledge of the injury, and (2) knowledge of facts creating, or which in a reasonable person would create, a suspicion of negligence on the part of someone. Bristol-Myers Squibb Co. v Superior Court (1995, 4th Dist) 32 Cal App 4th 959, 38 Cal Rptr 2d 298. If you do not file a lawsuit within this time, you cannot sue.
Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.
John Rapillo, Product Liability Trial Lawyer for Plaintiffs Can Help
In product liability cases it is essential that measures be taken promptly to preserve evidence, document the chain of custody of the product in question, and to enable engineers or other expert witnesses to thoroughly evaluate the product and your injuries.
If you or a loved one has been injured by a product of any kind, call now toll free: 800-814-4771; Newport Beach Office: 949-675-5060; Huntington Beach Office: 714-848-4849. or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. We can help you understand your rights and determine if you have a case that may entitle you to damages for lost opportunities resulting from your injuries.
Your initial consultation with a lawyer is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds for you.
We can advise you if you have a valid claim and if you may be entitled to compensation for your injuries, but a personal injury civil lawsuit must be filed before the statute of limitations expires.
Mr. Rapillo is a member of the California State Bar and the Central and Southern Districts of the United States Federal District Courts, and member of the Consumer Attorneys Association of California, Orange County Trial Lawyers Association and Consumer Attorneys Association of Los Angeles. Mr. Rapillo is former Vice President and Board member of the Orange County Trial Lawyers Association.
His Orange County personal injury law practice is dedicated to representing the rights of accident and injury victims and helping them to recover from their losses. Read Attorney John Rapillo's profile
Newport Beach Law Offices
2700 Newport Boulevard, Suite 172, Newport Beach, CA 92663
Phone: 949-675-5060 | Toll free: 800-814-4771
Huntington Beach Law Offices
17011 Beach Blvd., Suite 900, Huntington Beach, CA 92646
Phone: 714-848-4849 | Toll free: 800-814-4771