Abramson Smith Waldsmith LLP
Treating California’s Injured With Dignity And Respect

Beat the clock: Statute of limitations for defective product claims

On Behalf of | Oct 20, 2024 | Defective Products

Understanding the statute of limitations is pivotal if a defective product causes you harm. You may miss your chance to seek compensation when you pass the deadline. You should know how to protect your legal rights and when to pursue your claim.

What is the statute of limitations for defective product claims in California?

In California, you can file a defective product claim within two years from the date of injury, meaning you have 24 months to initiate your lawsuit. Take note of the key points when building up a claim:

  • Two-year limit: Under California Code of Civil Procedure 335.1, you must file within two years.
  • Discovery rule: If the injury wasn’t immediately apparent, the two-year period timer starts when you discover or after discovering the injury.

The court will likely dismiss your case if you miss this window, regardless of its merits. It is also critical that you have the guidance of an attorney to help you with processing and filing.

Are there any exceptions to the statute of limitations?

Yes, there are exceptions. The discovery rule allows for delayed filing if you discover the injury later. Exceptions include:

  • The discovery rule applies when the injury is not immediately apparent.
  • Minors and incapacitated individuals may have extended time to file.

Additionally, if the injured party is a minor or mentally incapacitated, the court may allow an extension of the statute of limitations.

Why is it necessary to have legal support?

Taking note of the statute of limitations is crucial for anyone considering a defective product claim. Don’t wait to protect your rights and pursue the compensation you deserve.

A lawyer can help you file on time and build a strong case. They can also guide you through the legal process, from gathering evidence to negotiating settlements.