Could you sue for strict products liability in California?

Could you sue for strict products liability in California?

On Behalf of | May 10, 2022 | Personal Injury

California law addresses various types of product liability, including strict products liability. A distributor or seller could be liable for your damages when a product or pet they sold you caused you injury.

Pets

When you file a products liability claim over a pet injury, you must prove that you didn’t provoke the pet. The court will also assess whether the seller knew that the animal was dangerous before giving them to you.

Warning labels

Manufacturers must anticipate how consumers will reasonably misuse their products to keep them safe. If they are unable to eliminate a potential risk of reasonable misuse, then they need to add a warning to the product. Distributors and sellers must also stay aware of this issue to protect themselves from strict products liability.

Product defects

California recognizes three types of product defects: warning defects, design defects and manufacturing defects. When you raise this type of lawsuit, the court will look at whether the product contained the defect at the time it left the seller’s possession. You must have used the item in a reasonably foreseeable manner, and the product defect must be the cause behind your injury.

Statute of limitations

You usually have up to two years to file a product liability claim in California. Courts dismiss cases that occur after the statute of limitations. It’s in your best interest to open a lawsuit as soon as possible to show that you took appropriate action to recover damages.

Distributors and sellers in California must sell products that are safe for consumers and free of defects. You might be able to recover damages from a seller when you sustain injury from a defective product.