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.