Law Offices of John Rapillo

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...

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V C Section 34500 Required Regulations.

Trucking Companies Are Allowed to Destroy Certain Records After 6 Months. Without obtaining trucking records before they are destroyed, the injured person or survivors of a person killed in a truck wreck has a much more difficult time proving the trucking company’s negligence...

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California law regarding employer liability when an employee or other person is injured, involved in an accident, or killed while on the job or in the workplace. Read the rest of this entry »

Knowing which statute of limitation applies is critical, since if a lawsuit is not brought within the time limit that applies to the case, the right to sue and recover damages is forever lost. The statute of limitations for a personal injury lawsuit is usually relatively short and subject to a number of factors. Read the rest of this entry »

Links to government and legal websites for additional resources and legal information. Read the rest of this entry »