Injured by a Defective Product? Californians Fight Back
If a defective product hurt you in California, you may have claims under strict product liability, negligence, or warranties. Below we explain the types of defects, who may be responsible, what you must prove, deadlines, and practical steps to protect your rights. Need help now? Contact our California product liability team.
When a Product Injury Becomes a Legal Case
California recognizes product liability claims when a defective product causes injury during reasonably foreseeable use. You do not need to prove the manufacturer intended harm. Strict product liability was established by the California Supreme Court in Greenman v. Yuba Power Products. Depending on your facts, you may also assert negligence and warranty claims, including implied warranties of merchantability and fitness (Cal. Com. Code § 2314; § 2315).
Three Main Types of Defects
- Design defect: An entire product line has an unsafe design. California allows plaintiffs to proceed under two tests: whether the product failed to perform as safely as an ordinary consumer would expect, or whether the design’s risks outweigh its benefits (Barker v. Lull Engineering; see also Soule v. General Motors).
- Manufacturing defect: A particular unit or batch deviates from the intended design, making it unsafe (recognized in Greenman).
- Failure to warn (marketing defect): The product lacked adequate warnings or instructions about non-obvious risks that could be reduced by reasonable warnings. California requires proof the manufacturer knew or should have known of the risk (Anderson v. Owens-Corning).
Who Can Be Held Responsible
Potentially liable parties include manufacturers, component suppliers, distributors, and retailers in the product’s chain of distribution. California imposes strict liability on entities in that chain for defective products placed into commerce (Vandermark v. Ford). In some cases, service providers or installers may face negligence claims if their work contributed to the harm.
What You Must Prove
Elements vary by theory, but product cases generally require showing: (1) the product had a defect; (2) you were injured; (3) the defect was a substantial factor in causing your injury; and (4) you used the product in a reasonably foreseeable way. For failure-to-warn claims, you must also show the absence of adequate warnings and that the lack of an adequate warning was a substantial factor in causing the injury (see Anderson).
Common Defenses
Defendants may argue the product was altered after leaving their control, that you misused it in an unforeseeable way, that warnings were adequate, or that your own negligence contributed to the injury. California applies comparative fault principles that can reduce a plaintiff’s recovery based on their share of responsibility (Li v. Yellow Cab; application to strict product liability in Daly v. General Motors). Allocation among defendants for noneconomic damages is governed by Civil Code § 1431.2 (Prop 51).
Evidence That Strengthens Your Case
- Preserve the product in its post-incident condition and any packaging, manuals, and receipts.
- Photograph the product, scene, and injuries.
- Record serial and model numbers.
- Gather witness names and contact information.
- Seek prompt medical evaluation and follow treatment plans.
- Avoid repairs, alterations, or returns before consulting counsel.
- Keep communications with sellers, manufacturers, and insurers.
Compensation You May Seek
Recoverable damages can include medical expenses, lost wages and earning capacity, pain and suffering, and property damage. In limited circumstances, punitive damages may be available when the defendant’s conduct meets the statutory standard (Civil Code § 3294). Families may also pursue wrongful death or survival claims when a defective product causes a fatality.
Deadlines and Why Timing Matters
Deadlines depend on your claim and facts, including when the injury was or should have been discovered. Examples in California include: generally 2 years for personal injury (CCP § 335.1), 4 years for breach of warranty under the Commercial Code (Cal. Com. Code § 2725), and a 6-month government claim presentment deadline for claims against public entities (Gov’t Code § 911.2). Other rules and exceptions may apply. Act promptly to avoid losing your rights.
How a California Product Liability Lawyer Helps
Product cases often require technical investigation and expert analysis. An experienced attorney can secure and inspect the product, identify responsible parties, retain appropriate experts, navigate insurance issues and recalls, and build the evidentiary record needed to pursue settlement or trial.
Practical Tips
- Store the product and all parts in a safe, dry place; do not attempt repairs.
- Communicate in writing with sellers and insurers and keep copies.
- Search for recalls or safety bulletins and save what you find.
- Consult counsel before giving recorded statements.
Checklist: What To Do After a Product Injury
- Stop using the product immediately and unplug/remove power if applicable.
- Preserve the product, packaging, manuals, and receipts.
- Photograph the product, the scene, and your injuries from multiple angles.
- Collect witness names, phone numbers, and emails.
- Get prompt medical care and follow treatment plans.
- Log expenses, missed work, and symptoms daily.
- Avoid returns, exchanges, or disposing of the product before legal review.
- Contact a California product liability attorney to evaluate your rights.
FAQ
Do I have to prove negligence to win a product case in California?
No. Under strict product liability, you can recover if the product was defective and the defect was a substantial factor in causing your injury, even without proving negligence.
What if I used the product slightly differently than the instructions?
If your use was reasonably foreseeable, you may still recover. Unforeseeable misuse can reduce or bar recovery under comparative fault principles.
Can a retailer be liable, or only the manufacturer?
Yes, entities in the chain of distribution, including retailers and distributors, can be strictly liable for defective products.
How long do I have to file?
Many personal injury claims have a two-year statute of limitations, but other deadlines and exceptions apply. Talk to a lawyer promptly to protect your rights.
Ready to talk? Request a consultation with our California product liability team.
Disclaimer: This post is for general information only, is not legal advice, and does not create an attorney-client relationship. Laws and deadlines vary by facts and jurisdiction. Consult a qualified California attorney about your specific situation.
