What is the statute of limitations for product liability?

Written by: Tyrone J. Maho

When California consumers buy a product, they expect it to work, and to be safe. Unfortunately, that is not always the case. Purchasing faulty goods is a common occurrence. Though most businesses do their best to avoid producing defective products, it can still happen. 

If you get injured or become ill because of a dangerous or defective product, you can do something about it. The knowledgeable team at Maho | Prentice often works with people to better understand their rights regarding defective products. 

But it is important to note that there is a time limit to file a claim for a defective product. These time-limit laws are the statutes of limitations. According to FindLaw, each state has its own specific rules on the length of time in which you can file a claim. Like most states, California’s product liability statute of limitations is two years. That means you must file your claim within two years of purchasing the product. Because you have a limited time in which to file your claim, it is vital to keep a detailed record of when the injury occurred and what happened. 

There are some circumstances where you would not have been able to discover the defect right away. These situations are commonly associated with defective medical devices or products. You may become injured during surgery, and the effects may not be noticeable for a very long time—months or years, even. In these cases, the two-year time limit begins when you discover the injury or illness. 

Look for more information about defective products and your rights on our product liability page.