Does it make any difference in the age of the product that caused an injury?

///Does it make any difference in the age of the product that caused an injury?

Does it make any difference in the age of the (defective) product that caused an injury?

Sometimes it does, sometimes it doesn’t. Simply because the product is old doesn’t mean that a plaintiff cannot recover for injuries caused by that product. In California, a plaintiff or the loved ones, or relatives of someone that died because of a dangerous product, have two years from the injury or death to file a claim against the responsible parties. And simply because that product was 30 years old doesn’t trigger that deadline any earlier. The key event in deciding when a plaintiff can bring a product defect lawsuit is from the time of the injury. However, in certain cases, products that were made a long time ago don’t get analyzed by today’s standards. Certainly, over time, products get safer, technology, people learn more, and products get safer and safer. So when you’re analyzing whether or not an old product is defective or not, you have to analyze that at the time it was made. So if a product was made in the 1970s, you have to know what people knew and what technology existed in the 1970s, and compare that to that product to determine whether or not it was defective or not.

By |2018-11-20T13:24:52+00:00March 22nd, 2017|Attorney Q&A, Product Defects|

About the Author:

In 2005, Bobby graduating from New York Law School and was admitted to practice Law in New York and California. Since then, Bobby has built a successful practice in the shadow of San Francisco, San Mateo County. With the mentoring of his father Jim Thompson, a practicing lawyer in Kansas City, MO, Bobby has built a personal injury law firm that prides itself on "represents individuals harmed by the irresponsible and careless conduct of others." Bobby maintains membership in several prominent Lawyer, Attorney, and Bar Associations in California. When he is not at trial, he is volunteering pro bono legal services with the Bar Association of San Francisco.