Add a Calculated Field Legal California Product Liability Forms For Free

If the product caused your house to catch on fire, put a hole in your wall, or caused other damage to your property, you can bring a property damage claim within three years of this discovery. California does have a statute of repose, but it only applies if the "product" in question is an "improvement on real property" ...

Under California law, strict liability does not require a plaintiff to prove a defendant's negligence. A defendant may be held liable under strict liability when it places a product on the market and the product causes injury to a person, regardless of whether the defendant was negligent.

Strict liability Under California law, if a product is more dangerous than it should be ? or it contains inadequate warnings ? whoever designs, makes, or sells the defective product is strictly liable for any injuries that result when the product is used in a reasonably foreseeable way.

Defendants in product liability cases frequently assert the defense that the use of the product by the plaintiff was ?abnormal? or a ?misuse? of the product. The argument is that the damages were caused by the user's negligent use of the product and not by any defect in the product.

If you or your loved one was injured by a dangerous or defective product, California law allows you to hold the responsible company legally accountable through a product liability claim. Under state law, injured victims only have a limited amount of time to file a product liability lawsuit.

Therefore, one avenue open to a defendant in a product liability case is to argue that the harm suffered by the plaintiff was a result of using the product in an unexpected and unforeseeable way. Thus, misuse can serve as a defense against liability.

These defenses include product misuse, assumption of the risk and lapse of time under statutes of limitation and statues of repose. A guarantee or binding promise regarding a product.

Affirmative Defense #1: Plaintiff Misuse of the Product California law holds that a corporation may avoid or reduce liability in a defective product lawsuit if the accident/injuries in question were caused by the plaintiff's misuse of the product.

One of the more common defenses is that the plaintiff misused the product in a manner that was not reasonably foreseeable to the manufacturer. Other defenses may be based on the plaintiff's own negligence in using a product or on the plaintiff's assumption of the risk associated with the product.