As a consumer in California, you have the right to expect that the products you purchase are safe for use. Most consumers assume that retailers wouldn’t knowingly sell hazardous products. However, defective products are still regularly sold in California, and while not all will harm every user, some have the potential to cause severe injuries or even fatalities.
If you plan to file a products liability claim in California for injuries caused by a defective product, it’s important to understand that these cases can be legally complex and often involve detailed statutes and regulations that change over time. Additionally, these cases may involve facing off against large companies.
While these complexities can be intimidating, they should never deter an injured consumer from seeking rightful compensation. Companies must be held accountable when their products cause harm.
Below are common reasons why a products liability claim may not succeed. Being aware of these factors can help you build a more compelling case. Consulting with an experienced products liability attorney is crucial to guide you through the process.
Reason #1: Delayed Filing of the Claim
As with most personal injury claims, products liability cases are subject to a statute of limitations. This legal time limit restricts how long you have to file a claim after the injury occurs. The statute exists to ensure that cases are filed promptly, allowing access to fresher evidence and witness testimony.
Reason #2: Prolonged Ownership of the Product
If you’ve owned the product for an extended period, it may be argued that you should have become familiar with its operation, safe use, and any potential risks. Additionally, if the product has an expiration date and was used beyond it, the liability may no longer fall on the manufacturer.
Reason #3: Contributing to the Injury through Recklessness
California law allows for the possibility that multiple parties, including the consumer, may share responsibility for an injury. In some cases, the consumer’s actions may be seen as a primary cause of the incident. If a court determines that the consumer’s recklessness led to the injury, compensation may not be granted.
Filing a Products Liability Lawsuit: Work with a Skilled Attorney
Understanding the reasons claims may fail is essential to building a successful case. If a defective product has injured you, it’s crucial to act quickly and consult an attorney with expertise in products liability law. You have the legal right to seek compensation for your injuries.
At SANFORD A. KASSEL, A Professional Law Corporation, our attorneys have the experience and skill to handle products liability claims in California. We are dedicated to vigorously defending our clients’ rights in court.
