Fax 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" ...

There are three common elements to all product liability lawsuits, regardless of the legal theory that the lawsuit is brought under. The lawsuit must involve a product, the product must be found to be defective, and the product defect must be found to be the proximate cause of the injury.

In the state of California, waivers of liability will be considered enforceable so long as they have been drafted properly and the language is explicit as to the scope of coverage. Additionally, the language in question has to be legible and use high-visibility text (in other words, it cannot be in the fine print).

Cause of Action?Products Liability (PLD-PI-001(5)) Tells the court and the other side that you contend that you were harmed in some way by a defective product that the other side made or sold. Must be attached to a Complaint form to use.

California law says that strict liability applies when someone designs, manufactures, or sells a defective product even if there was no negligence. In most personal injury lawsuits, the plaintiff must prove that the defendant's action or inaction was negligent, reckless, or with intent to cause harm.

California recognizes strict product liability claims for products that are alleged to be: Sold with a manufacturing defect. Defective in design. Defective due to inadequate warnings or instructions.