A defective product is an imperfection in a product that has a manufacturing or a design defect, or is faulty because of inadequate instructions or warnings. A product is also defective if it is unreasonably dangerous to the user or to a consumer who purchases the product and causes physical harm. Injuries sustained due to the use of defective products are common in California.
California laws (California Code – Chapter 3: The Time of Commencing Actions Other Than For The Recovery Of Real Property) require those injured by these items to bring their claims to court within a certain time period. These laws establish two different time frames that depend on whether the injury happened to a person or if it injured a specific piece of property.
In the event of an injury to, or for the death of, an individual caused by the wrongful act or neglect of another, California statute of limitation for defective products requires a claim to be made within two years.
An action for taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property must be commenced within three years.
However, since damage may not be immediately apparent, an alternative period of three years from the date when the producer knew – or could reasonably have known – of the claim, is provided.
