Product Liability Time Limits
Summary
In California, product liability claims generally have a two-year statute of limitations from the date of injury or defect discovery. The discovery rule may extend this period if the defect was not immediately apparent. Its important to verify if the defect existed at the time of sale and review any documentation or agreements related to the transaction. Consider consulting with a legal professional to explore your options and ensure compliance with state laws.Full Conversation
Only an email stating that the item was transferable. They contacted me about it a year later saying they were having issues. I referred them to the dealer. Now they are contacting me again, 2 years from the initial contact stating that they still want it transferred and that they refuse to go through the dealer.
In California, the statute of limitations for product liability is generally two years from the date of injury or discovery of the defect. Since it's been almost three years, you might consider these steps:
- Verify whether the defect was present at the time of sale.
- Determine if the "discovery rule" applies, extending the time limit.
- Review any written communications or agreements.
Do you have any additional documentation or evidence about the sale or the product's condition when sold?
when would the discovery rule apply?
The "discovery rule" in California applies when a defect or injury was not discovered right away. It can extend the statute of limitations, allowing a lawsuit to be filed within two years of discovering the defect, rather than from the date of sale. This rule is applicable if the defect was not apparent at the time of purchase.