What is the statute of limitations for products liability claims?

By |2024-01-16T09:43:20+00:00January 29th, 2016|

When a person in Orange County has an injury or illness, the cause is not always immediately apparent. For example, if a person takes a new kind of medicine, it can cause unexpected illnesses to develop over time. But, it may take the victim and their doctors months or even years to discover the condition and then trace it back to that particular medication.

On the other hand, in some cases, like motor vehicle accidents, the cause of the injury is usually obvious. Even in car and truck accidents, however, an unknown defective auto part may have caused the accident itself, which then led to the victim’s injuries.

People who suffer injuries from unsafe products can pursue legal claims against a negligent manufacturer and other parties responsible for getting the product into the hands of consumers. But, people in this situation can’t file a legal claim if they don’t even know that a particular product was the cause of their injury. If the injured victim is later able to link a product to their injury, can California’s statute of limitations stop them from seeking legal recourse?

In products liability cases, the injured person must file their lawsuit within a designated period of time, which is known as the statute of limitations. Under California law, the statute of limitations for these kinds of cases is two years. This means that a person must file their claim within two years of the time that they discovered, or should have discovered, the injury.

Because of the time limitations on filing products liability cases, people who are injured by a product should seek legal help as soon as they find out about their injury or condition. Even if the injured person is not sure of the source of their injury — as can happen in cases involving medications — an experienced attorney can investigate and uncover the necessary facts to move the case along.

Serious injury and death from unreasonably dangerous products can happen. Injured victims or their family members should move as quickly as possible when it comes to pursuing legal claims.


About the Author:

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Doug Easton has practiced law since 1971. After 20 years of practicing with various large litigation firms, he founded the Law Offices of W. Douglas Easton in 1991 as a solo practitioner. In the years that followed, Doug’s sons Brian and Matt joined him in the practice and helped build the firm into a powerful force to help right the wrongs done to their clients. Much of their success over the years has stemmed from the dynamic created by the familial nature of the firm and how harmoniously they all work together, each of their individual strengths complementing and fortifying the group as a whole. Accordingly, the firm changed its name to Easton & Easton, LLP in 2014 to better reflect the true dynamic of the firm and Doug now serves as Managing Partner of Easton & Easton. In 2015, Doug was selected as a Top 100 Litigation Lawyer in California by The American Society of Legal Advocates. In addition, Doug is listed in Strathmore’s Who’s Who, and in 2008 was named its “Professional of the Year” in Medical Malpractice.
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