Product Liability

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...

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California Product Liability Law

The law of product liability is the area of law that deals with the liability of the manufacturer, wholesaler or retailer of a product for injuries resulting from that product. This includes the manufacturer of component parts of the product, an assembling manufacturer, the wholesaler, the retail store or other ultimate seller of the product, and any other party in the distributive chain, regardless of whether you actually purchased the item yourself... Read the rest of this entry »
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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.

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