You do not need a written warranty, or even an implicit one, to file a defective product lawsuit. Every state has laws making manufacturers legally liable for product defects under strict liability, negligence or both. You also do not need to be the first owner, or to have bought the product recently, or even to be the owner at all. Under the law, all you must show are that the product is defective, and that the defect injured you.
However, you must make sure you file your lawsuit before the statute of limitations -- a time limit on when you can sue -- runs out. That's generally between one and four years from the injury, depending on your state and some of the circumstances. If you plan to sue a government agency, it may be a matter of months. If you're concerned about the statute of limitations on your claim, talk to a defective products lawyer as soon as possible.
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