Extract Fillable Fields Legal California Product Liability Forms For Free

You can make a claim against any party in the chain of distribution, which could include the store where you bought the item. California law doesn't provide for an “innocent seller” exception, like some states do.

In both tort and criminal law, strict liability exists when a defendant is liable for committing an action, regardless of what his/her intent or mental state was when committing the action. In criminal law, possession crimes and statutory rape are both examples of strict liability offenses.

Generally, to prevail on a strict product liability claim, a plaintiff must prove that an inherent defect in a product caused the damages claimed. In other words, the plaintiff must prove (1) that the product was inherently defective and (2) that the defect in the product caused the injury or damage.

California Judicial Council Forms are pre approved pleadings for filing with the Court.

Product liability is a doctrine that gives plaintiffs a cause of action if they encounter a defective consumer item. This doctrine can fall under negligence, but it is generally associated with strict liability, meaning that defendants can be held liable regardless of their intent or knowledge.

California law only applies strict liability in two types of situations: When the defendant has manufactured, distributed or sold a defective product that injures you, or. When a dog bites you in a public place or in a private place where you are not trespassing.

Elements of a Products Liability Legal Claim Existence of a Defect. There are three main types of defects that can form the basis of products liability cases. Causation and Damages. The accident must have directly resulted from the defect in the product. Intended Use. Misuse.

The usual range extends from one year to four years, and the limit is often two years. Very few exceptions apply to the statute of limitations, and failing to comply with this rule means that even a substantively strong case probably will not be heard.

Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness. This will typically depend on the jurisdiction within which the claim is based, due to the fact that there is no federal products liability law.