If the Product That Injured Me Is Old, Can I Still File a Claim?

Product liability claims arise when an individual is injured due to a defect in a product. This type of legal action seeks to hold the manufacturer or seller of the item responsible for any losses suffered by the injured party. These damages can include medical bills, lost wages, pain and suffering, and other expenses related to the injury.

Generally, companies have liability for the safety of their products for the expected lifespan of their use. For instance, if you got sick eating a food item that expired many months ago, the company would not be held liable. However, if your 3-year-old RV fell apart on the road while driving it, the company might be held responsible. Kash Legal is here to answer any legal questions that you might have about potential product liability cases.

Product Liability for Older Items

Filing for product liability for older items can be challenging, but it is important to consider the following factors:

Age of the product: The age of an item does not necessarily preclude you from filing for product liability if you were injured by it. However, the age of an item may make it more difficult to prove that it was defective.
Witness and record availability: Older products may pose difficulties in finding witnesses or records to support your claim.
Modifications and repairs: If the product has been modified or repaired over the years, establishing liability can be more challenging.

None of these factors make it impossible to file a liability claim, but you’ll likely want to retain the help of a qualified lawyer for the best chances of success.

Types of Product Liability Defects

California law recognizes three types of defects that could potentially form the basis of a product liability claim:

Design Defects

A design defect occurs when there is something inherently wrong with the way a product was designed, making it unreasonably dangerous when used as intended.

Manufacturing Defects

A manufacturing defect occurs when there is something wrong with the way a particular unit was manufactured or assembled.

Failure-To-Warn Defects

A failure-to-warn defect occurs when a hazard is not adequately communicated through warning labels or instructions included with the product.

There is no time limit for filing personal injury lawsuits from purchase to injury for any of these types of defects. If you purchased an item second-hand, for instance, the original age of the product may not matter. You may still have a personal injury case based on what happened.

Time Limits for Filing Product Liability Cases in California

The statute of limitations for product liability cases in California is two years from the date of injury or death. This means that if you or a loved one has been injured or killed due to a defective product, you must file your claim within two years from the date of the incident. It is important to note that some exceptions may apply to these time limits. For example, if someone was unable to discover their injury until more than two years after it occurred, they may still be eligible to file a claim after this time period has passed. Additionally, minors have extra time after their 18th birthday to file claims related to injuries sustained before they reach legal age.

Schedule a Consultation With a Product Liability Lawyer

If you have been injured by an old product in California, you may be able to file a claim for product liability. At Kash Legal, we understand how difficult it can be to deal with the physical and emotional challenges that such an injury can create. We also know that the process of filing a claim for product liability can be complicated. That is why our experienced attorneys are here to help you with your case.

If you believe you may have grounds for a product liability case due to being injured by an old item in California, please contact us today so we can discuss your situation in greater detail and answer any questions or concerns that you may have about filing such a claim. Call our office at (888) 527-4128 or fill out our contact form to arrange a free consultation.