How Does the Statute of Limitations (Time Limits) Work in a Product Liability Case?
If you have been injured by any type of product, you may be entitled to financial compensation, (but only if you act in time). The Riverside product liability lawyers at Heiting & Irwin can help you file and pursue a claim against those who put the defective product into the stream of commerce.
The statute of limitations often comes into play in a product liability lawsuit because one does not know themselves to have been injured. Not only that, but they may have no idea that a defective product was to blame. Thankfully, there are some exceptions to the statute of limitations that could allow filing a lawsuit later in time, but one must still be vigilant.
To get a seasoned fighter on your side, speak to the product liability attorneys at Heiting & Irwin. Our attorneys are standing by and ready to speak with you during a free initial consultation.
The Statute of Limitations Is a Factor In Every Personal Injury Case
In any type of personal injury case, you only have a certain amount of time to file a lawsuit seeking financial compensation from anyone who was involved in causing the injury(ies). Although this is usually described as two years from the time of the injury in California, many exceptions exist and the time limits can be longer or very much shorter. It is important to consult an attorney at the earliest possible time. This deadline is both a tight and unforgiving one and missing it can mean that you are barred from receiving compensation entirely. Product liability cases impose their own special considerations that can make your case even more complex, making it vital that you contact an experienced attorney immediately.
There are some product liability injuries that are apparent immediately, and you may also know that someone else was to blame for what happened. For example, in recent e-coli cases, they had a pretty good idea that their illness was caused by tainted food and that someone else did something wrong; and the same reasoning goes when your brakes or tires fail on your car.
You May Not Know That You Have Been Injured at First
However, there are other instances in which you may not even know that you have a potential product liability lawsuit. For instance, you may be suffering pain some time after a hernia surgery because the mesh that the doctor inserted disintegrated or migrated out of place. Not only may you not know that you have been injured immediately, but you may also not know that the product was defective. This is true in many cases involving medications and medical devices. You may only learn years after the fact that there was something wrong with the product. Researchers may publish a study that details that many other people like you have been injured by the same product. This knowledge may only be gained after the initial two-year period for the statute of limitations has expired. Good legal research and
How the Discovery Rule Works in Product Liability Cases
Thankfully, California law has something called the discovery rule, which can be critical in product liability cases. In most cases, the deadlines begin to run as soon as one learns of the injury. The discovery rule can be helpful in several ways. If not injured by a product for years after use it, the statute of limitations may not begin to run right away. Instead, the time clock may start from the time the injury from the product is manifest.
Similarly, the “injury” may be considered to date at the time that one learned that they were harmed by a defective product.
However, the statute of limitations also states that the time to sue could begin at the time when you “knew or should have known” that you were injured. Then, your case becomes a matter of what you knew and when you “should have” known it. Defendants will often make the argument that you should have known of an injury sooner than you claim that you actually learned of it in trying to have your case dismissed entirely. They can be very successful in taking that position. Many cases will come down to key facts, and you need an experienced product liability lawyer to argue for you.
Contact a Riverside Product Liability Attorney Today
If you have been harmed by any product that you trusted, get legal help from the Riverside product liability law firm of Heiting & Irwin today. You can speak with a product liability lawyer during a free case review, where we will discuss your legal path forward. Message us online (hilegalgroup.com) or call us today at 951-682-6400.
