Product Liability in California: When a Defective Product Injures You

Every day, Californians trust that the products they use are safe. When a design flaw, manufacturing defect, or failure to warn leads to injury, the law provides a powerful avenue for recovery - product liability. Unlike negligence cases where you must prove the company acted carelessly, California's strict product liability doctrine can hold manufacturers responsible even if they exercised reasonable care.

According to Nolo's personal injury resources, product liability cases are among the most legally complex in personal injury law - and among the most frequently worth pursuing when injuries are serious.

Three Types of Product Defects in California

1. Design Defects

A design defect exists when the entire product line is inherently unsafe because of how it was designed - even if manufactured perfectly. California courts use a 'consumer expectation test' or a 'risk-benefit test' to evaluate whether the design was unreasonably dangerous.

2. Manufacturing Defects

A manufacturing defect occurs when a specific unit deviates from the intended design during production. The product design may be safe, but something went wrong in the factory. Classic examples include contaminated food products, improperly assembled auto parts, or faulty wiring.

3. Failure to Warn (Marketing Defects)

Products that are dangerous in non-obvious ways must carry adequate warnings. Failure to warn about risks - even for an otherwise properly designed and manufactured product - can create full liability for resulting injuries.

Who Can Be Held Liable?

California's product liability doctrine can reach every party in the commercial chain:

• The product designer or engineer
• The manufacturer
• A component part supplier
• A distributor or wholesaler
• The retailer who sold the product

Even a business that only assembled or sold the product - without manufacturing it - can be held strictly liable if they were part of the commercial distribution chain.

Common Defective Product Injury Cases

• Defective auto parts (tires, airbags, seatbelts, brakes)
• Dangerous pharmaceuticals or medical devices
• Power tools, ladders, and equipment with design flaws
• Children's toys with choking or chemical hazards
• Contaminated food and beverage products
• Household appliances that cause fires or electrocution

The U.S. Consumer Product Safety Commission maintains a public recall database. Justia's personal injury section also covers product liability fundamentals applicable to California.

Statute of Limitations for Product Liability in California

Under California Code of Civil Procedure Section 335.1, you generally have two years from the date of injury to file a product liability lawsuit. However, the 'discovery rule' may extend this if you didn't immediately know your injury was caused by a defective product - for example, latent injuries from pharmaceutical side effects.

Building a Strong Product Liability Case

These cases require expert witnesses - engineers, toxicologists, medical specialists - to establish the defect and its causal connection to your injury. Preserving the product itself is critical: never throw away or repair a product you believe caused your injury.

Our dangerous products practice page outlines how we approach these cases. For the insurance tactics you'll face, review our post on how insurance adjusters evaluate injury claims and low settlement offers - what they really mean.

Contact Pogosyan Law Firm at (818) 243-3900for a free consultation about your product liability case.