What Is Product Liability? A Guide for California Consumers
You expect the products you buy to be safe. Whether it is a car, a household appliance, a piece of industrial equipment, or a children’s toy, manufacturers have a legal obligation to ensure their products are reasonably safe for their intended use. When they fail and someone is injured, product liability law provides a path to accountability and compensation.
Strict Liability in California
California is a strict liability state for product liability claims. This means you do not need to prove that the manufacturer was negligent or careless. You need to show three things: the product had a defect when it left the defendant’s control, you used the product in a way that was reasonably foreseeable, and the defect was a substantial factor in causing your injury. This is a significant advantage for injured consumers compared to states that require proof of negligence.
The Three Types of Product Defects
Product liability claims generally fall into three categories. Design defects exist when the product’s design is inherently dangerous, even if manufactured perfectly. The question is whether a reasonable alternative design existed that would have reduced the risk without making the product significantly less useful. Manufacturing defects occur when something goes wrong during production, making a specific unit dangerous even though the design was sound. A single contaminated batch of medication or a car with a faulty weld are examples. Marketing defects, also called failure-to-warn claims, arise when a product lacks adequate instructions or warnings about known risks. A medication without proper disclosure of dangerous side effects is a classic example.
Who Can Be Held Liable?
One of the most powerful aspects of product liability law is that liability extends to every entity in the chain of distribution. This includes the product designer, the component parts manufacturers, the assembler or final manufacturer, the distributor, and the retailer who sold the product. This means you may have claims against multiple defendants, which can increase both the available insurance coverage and the pressure to settle fairly.
What Compensation Is Available?
If you have been injured by a defective product, you may be entitled to medical expenses (past and future), lost wages and lost earning capacity, pain and suffering, emotional distress, loss of enjoyment of life, and in cases of particularly egregious conduct, punitive damages designed to punish the manufacturer and deter similar behavior.
What to Do If You’ve Been Injured
Preserve the product exactly as it is. Do not repair it, return it, or throw it away. Keep all packaging, manuals, and receipts. Take photographs of the product, any visible defects, and your injuries. Seek medical attention and document everything. Contact an experienced product liability attorney. Attorney Tobin Lanzetta has been recognized as a Best Lawyers in America “Best Lawyer — Product Liability Litigation” every year from 2020 through 2026, named to Super Lawyers every year since 2014 including the Super Lawyers Top 100 in Southern California, and has recovered over $200 million in total case results, including landmark product liability and consumer protection verdicts.
Lanzetta Law is a national trial firm with offices in Los Angeles and Santa Fe, serving clients throughout California, New Mexico, and nationwide. If you have been injured by a defective product, contact us for a free consultation.
Disclaimer: The information on this page is for general informational purposes only and is not intended as legal advice. Nothing on this website creates an attorney-client relationship between you and Lanzetta Law. Every case is unique, and past results do not guarantee future outcomes. If you have questions about your specific situation, please contact an attorney for a personalized consultation.