Legal Question in Personal Injury in California

statue of limitation on possible defective toyota camry brakes

Suppose a child was left in the car while adult paid for gas. Gas station was on a hill. Adult was certain brakes were on automatic car was in park. Car rolled backwards, child jumped from car. Car ran over childs's ankle. What is the statue of limitations for pursuing an injury claim for child's disability against automotive manufacturer. Seems that emergency brakes must be yanked into place rather than pulled into place. Brand new Toyota Camry @ time of injury.


Asked on 7/09/04, 6:11 am

2 Answers from Attorneys

Armen Tashjian Law Offices of Armen M. Tashjian

Re: statue of limitation on possible defective toyota camry brakes

In California, the statute of limitations for personal injuries resulting from defective products is two years. Unless our beloved President screws it up by making it illegal to sue manufacturers in state courts and federalizes the whole thing, which he is planning to do, IF RE-SELECTED.

You should also look into the dealer, service or repair shop that might have worked on the brakes.

Was there a police report? If so, did they inspect the brakes?

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Answered on 7/18/04, 12:43 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: statue of limitation on possible defective toyota camry brakes

You will have an uphill battle, as it were, suing the automaker as they will claim you were negligent in not properly setting the brakes.

Do not talk to Toyota, allow them to inspect the car, or have the brakes serviced until you have consulted an experienced product liability attorney and had the braking system inspected by an independent expert. The statute of limitations is a complicated question and you should rely only on what an attorney tells you after an in-person consultation. My best guess is that it is two years, but I could be wrong.

For your sake, I hope you consult an attorney immediately after the accident and you do not wait weeks or months (driving and using the brakes during this period).

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Answered on 7/12/04, 4:25 pm


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