California Product Liability Statute of Limitations

In the state of California, people injured by a defective product have two years from the date of injury to file a product liability lawsuit. However, as with most injury cases, the Discovery Rule applies to California product liability statutes. This rule extends the amount of time a person has to file a lawsuit, enabling victims of defective products two years from the date an injury is — or should have been — discovered.
The Discovery Rule is incredibly useful in cases where a dangerous product or defective medication causes serious illness — such as the ovarian cancer lawsuits linked to Johnson & Johnson talc products — where the harm done may not be evident for several years. It can also be useful in instances of head trauma or any other type of injury that may not be immediately apparent.
However, the longer the period in between product use and evidence of harm, the more difficult it becomes to secure fair and full compensation. This is just one of many reasons it is wise to have a product liability lawyer on your side as soon as you discover an injury or illness.
What is a Defective Product?

For a product to be considered defective or dangerous in California, it must first meet certain criteria. These include:
· Poor design — some products are so poorly designed, it is almost as if they were manufactured to harm. When product design leads to injury, you have a right to hold the manufacturer accountable for their oversight
· Poor manufacturing — even when properly designed, poor manufacturing practices can turn benign products deadly. If a manufacturing issue is responsible for your injury, you are entitled to compensation for all related damages
· Inadequate labeling or instructions — if a product’s operating instructions are not clear or if potential dangers are not disclosed, harm is almost unavoidable. When a manufacturer fails to warn of dangers or provide clear and understandable instructions for use, that company can be held liable for resulting injuries
Some products are not properly tested prior to going to market. Others are tested, but warnings are ignored or downplayed. This was the case with the highly publicized GM ignition switch recall and the Takata airbag recall. In both cases, complaints had been filed, dangers were well established, yet manufacturing of the defective products continued all the same. Similar instances of gross negligence can be seen throughout the pharmaceutical industry were medications that are known to pose serious dangers, such as Benicar, continue to be manufactured and sold long after their harmful side-effects are known.
When you or a loved one suffer serious injury due to corporate negligence, you are entitled to compensation for all of your damages — but filing within the statute of limitations is absolutely essential for the success of your case.
What Damages can be Sought in a Product Liability Case in California?

In the state of California, product liability damages may include:
· Emergency and long-term hospitalization
· Any related medical, therapeutic, or rehabilitation services
· Wages lost while recovering
· Projected future wages lost to new physical or mental limitations
· Household modifications and adaptive technology
· Physical pain
· Emotional suffering
Compensation for these last two damages is often the most difficult to secure because there are no tangible or provable costs associated with them. They are nonetheless very real to victims of defective and dangerous products and must be considered when a settlement is being negotiated.
Depending on the specifics of your product liability claim, your attorney may suggest you take your case to trial. Pain and suffering are much more likely to be significantly compensated when a jury hears the case.
You Have Two Years, But Don’t Wait
You have two years to file a product liability lawsuit in California with which you can seek both economic and noneconomic damages. Waiting to file a claim can work against you, though.
Corporations are equipped to fight product liability claims with teams of attorneys and insurance adjusters. In many cases, victims of serious injury are aggressively pursued by these powerful entities who threaten and coerce both the injured and family members of those who have lost their lives to a defective product, in an attempt to buy silence with paltry settlements. These settlements may even look good — until you actually look at them. It is vital that you not accept any offer from an insurance company until you have spoken to an attorney and are aware of all of your options.
Just like you wouldn’t perform a surgical procedure on yourself, you shouldn’t try to fight a powerful corporation without an experienced attorney on your side. Nearly all lawyers who handle product liability cases do so on a contingency basis. This means that if your case isn’t won, you pay nothing. But remember, attorneys don’t take defective product cases willy-nilly, they take those in which real harm demands real justice. If you have been injured or a loved one has been killed by a defective product, get in touch with a product liability attorney right away to learn about your legal options and protections, and how you can get the settlement you truly deserve.
