When Can You File a Product Liability Lawsuit?
Updated: Mar 25
Businesses in the US are required to inform the Consumer Product Safety Commission (CPSC) about potentially hazardous or defective products that they manufacture, import, distribute and sell to the public.
But manufacturers often don’t recall defective products, or fail to warn the public about the dangers associated with the products. They knowingly sell defective products, putting profits above the lives of individuals. As a result, consumers get injured or killed for which the manufacture will be held liable.
If you or your loved one has been injured or killed due to a dangerous or defective product, you should file a product liability lawsuit to claim compensation.
Product Liability Statute of Limitations
Individuals who get hurt due to a defective or dangerous product can file a lawsuit under different categories. They can file a case under the following categories:
· Defective design
· Defective manufacturing
· Failure to warn
The manufacturer, distributor, or retailer will be liable for personal injuries sustained due to any of the above reasons.
But you must file a product liability lawsuit soon after sustaining injuries due to a defective product.
Every state has set a time limit known as the statute of limitations for filing product liability cases. You must file a lawsuit for defective products within the specified time frame. Not filing the lawsuit within the specified time frame will prevent you from getting compensation from the guilty party.
The period specified in the statute of limitation for product liability cases ranges between 1 and 4 years in the US. In California, the product liability statute of limitations is 2 years. You must file the case within the time frame otherwise you lose the right to make the guilty party responsible for the injuries due to a defective product.
Where Can You File a Product Liability Case?
You must file a product liability case in the state where the manufacturer, distributor, or retailer is located. The statute of limitation will depend on the state where you file the lawsuit.
Remember that the statute of limitation starts when the injury occurs due to a defective product. However, sometimes injuries such as brain injuries are not apparent immediately. In some cases, it takes years for a defendant to know about the injury. In such a case the clock starts when the individual discovers or a reasonable person should have discovered the injury due to a defective product.
Manufacturers have a legal obligation to the public. They should not sell products that pose a significant danger to the safety and health of the individuals under normal usage. Individuals who have been injured due to a defective product must contact a personal injury lawyer in Rocklin, CA to file a product liability lawsuit against the manufacturer.
The clock is ticking and you need to act fast to claim compensation from the manufacturer for injuries due to a defective product.
The personal injury attorneys at McCrary Law Firm have detailed knowledge and experience in the field of product liability. We offer expert legal counsel and help to residents in Rocklin, CA. Contact us today at (916) 579-7477 for a free initial consultation regarding a product liability lawsuit.