📋 What is Product Liability?
Product liability law holds manufacturers, distributors, and retailers responsible when defective products cause harm. California is a leader in consumer protection, establishing strict liability in the landmark case Greenman v. Yuba Power Products (1963). This means you don't need to prove the manufacturer was negligent - only that the product was defective and caused your injury.
When to Use This Guide
Use this guide if a defective product has:
⚠ Caused Personal Injury
Product malfunctioned and caused physical harm to you or your family
💥 Caused Property Damage
Defective product damaged your home, vehicle, or other property
🔄 Failed Prematurely
Product broke down or stopped working within warranty period
❌ Didn't Match Promises
Product didn't perform as advertised or represented by seller
Three Types of Product Defects
🔧 Manufacturing Defects
▼A manufacturing defect occurs when a specific unit deviates from its intended design due to an error in the manufacturing process. The product as designed is safe, but something went wrong during production. Examples include:
- Contaminated food or medication from one batch
- Car with improperly installed brakes
- Appliance with missing safety component
- Toy with sharp edge from molding error
📐 Design Defects
▼A design defect exists when the product's design itself is inherently dangerous, even when manufactured perfectly. All units share the same flaw. California uses the "risk-benefit" test - a design is defective if the risks outweigh the benefits. Examples include:
- SUV with high center of gravity prone to rollovers
- Power tool without adequate safety guards
- Children's product with small parts that pose choking hazard
- Medical device with design that causes tissue damage
⚠ Warning/Marketing Defects
▼A warning defect (also called "failure to warn" or "marketing defect") occurs when a product lacks adequate instructions or warnings about risks that aren't obvious to users. Examples include:
- Medication without warnings about dangerous interactions
- Chemical product without proper handling instructions
- Tool without warnings about protective equipment needed
- Product with inadequate age or use restrictions
👍 California's Consumer-Friendly Laws
- Strict liability - No need to prove manufacturer negligence
- Song-Beverly Act - Civil penalties up to 2x damages for willful violations
- CLRA protection - Class action rights and attorney fee recovery
- Multiple defendants - Sue manufacturer, distributor, and/or retailer
⚠ Statute of Limitations
In California, you generally have 2 years from the date of injury for personal injury claims and 4 years for breach of warranty claims. However, the "discovery rule" may extend this if you couldn't reasonably have known about the defect. Don't delay - evidence disappears and memories fade.
⚖ Legal Basis
California provides some of the strongest consumer protections in the nation for defective product claims. These statutes and landmark cases support your claim.
Key California Cases & Statutes
Greenman v. Yuba Power Products (1963)
The landmark California Supreme Court case that established strict product liability. A manufacturer is strictly liable when it places a product on the market knowing it will be used without inspection and it proves defective. You don't need to prove negligence - only that the product was defective and caused harm.
Song-Beverly Consumer Warranty Act (Civil Code 1790-1795.8)
California's "Lemon Law" for consumer goods. Requires manufacturers to repair, replace, or refund defective products. If they willfully violate the Act, you can recover a civil penalty of up to two times your actual damages. Also creates implied warranties that cannot be disclaimed.
California Consumer Legal Remedies Act (Civil Code 1750-1784)
Prohibits unfair and deceptive business practices. Allows consumers to sue for actual damages, punitive damages, injunctive relief, and attorney fees. Importantly, provides for class action lawsuits when many consumers are harmed by the same defective product.
Barker v. Lull Engineering (1978)
Established the "risk-benefit" test for design defects in California. A product design is defective if the plaintiff shows the design caused the injury and the defendant fails to prove the benefits outweigh the risks. Shifts burden to manufacturer to prove design safety.
Who Can Be Held Liable?
Under California law, the entire chain of distribution can be held liable for a defective product:
- Manufacturer - The company that designed and made the product
- Component Manufacturer - Maker of a defective part in the product
- Wholesaler/Distributor - Companies in the supply chain
- Retailer - The store that sold you the product
💡 CLRA 30-Day Notice Requirement
Before filing a CLRA lawsuit for damages, you must send the defendant a written demand letter at least 30 days before filing. This letter must identify the specific practices you claim are unlawful and your actual damages. If they make a good faith offer to remedy the situation, they can limit your recovery. This guide helps you send this required notice.
Class Action Considerations
When many consumers are harmed by the same defective product, a class action lawsuit may be appropriate. Benefits include:
- Shared legal costs - Attorneys work on contingency for the class
- Greater leverage - Thousands of claims combined
- Efficiency - One lawsuit resolves many similar claims
- Public accountability - Forces recalls and design changes
🔎 Check for Existing Class Actions
Before sending your demand letter, search for existing class actions involving your product. You may be able to join an ongoing case. Check classaction.org, court records, and news reports. If you join a class, your individual claim may be resolved through the class settlement.
✅ Evidence Checklist
Gather these documents before sending your demand letter. Strong evidence is crucial for product liability claims. Click to check off items as you collect them.
🛒 Product & Purchase Info
- ✓ The defective product itself (preserve it!)
- ✓ Original packaging, labels, and manuals
- ✓ Receipt, invoice, or proof of purchase
- ✓ Model number, serial number, lot/batch number
- ✓ Warranty card or registration information
📷 Defect Documentation
- ✓ Photos of the defect and damage caused
- ✓ Video showing product malfunction (if possible)
- ✓ Written description of how defect occurred
- ✓ Expert inspection report (if obtained)
🏥 Medical Records (If Injured)
- ✓ Emergency room or hospital records
- ✓ Doctor visit notes and diagnoses
- ✓ Medical bills and payment records
- ✓ Prescription records
- ✓ Photos of injuries (taken over time)
📩 Communications
- ✓ Complaint to manufacturer/retailer
- ✓ Company responses to your complaint
- ✓ CPSC complaint (if filed)
- ✓ Recall notices (check cpsc.gov)
🔒 CRITICAL: Preserve the Product!
Do NOT throw away, repair, or alter the defective product. It is the most important evidence in your case. Store it safely in its current condition. Take photos before storing. The manufacturer's attorneys will want to inspect it, and destroying evidence can hurt your case.
💡 File a CPSC Report
Report the defect to the Consumer Product Safety Commission at SaferProducts.gov. This creates an official government record, may trigger an investigation or recall, and shows other consumers have had similar issues. CPSC reports can be powerful evidence of a pattern of defects.
💰 Calculate Your Damages
In product liability cases, you can recover various types of damages depending on whether you suffered personal injury or economic loss. California law allows for substantial recovery.
| Category | Description |
|---|---|
| Economic Damages | Product cost, repair costs, replacement cost, diminished value |
| Medical Expenses | Past and future medical bills, therapy, medication, medical equipment |
| Lost Income | Wages lost during recovery, reduced earning capacity |
| Pain & Suffering | Physical pain, discomfort, and limitations from injury |
| Emotional Distress | Anxiety, fear, PTSD, and psychological impact |
| Song-Beverly Penalty | Up to 2x actual damages for willful warranty violations |
| Punitive Damages | Additional damages to punish egregious manufacturer conduct |
Song-Beverly Civil Penalty
💰 Double Your Damages
Under the Song-Beverly Consumer Warranty Act, if the manufacturer willfully fails to comply with warranty obligations, you can recover a civil penalty of up to two times your actual damages. "Willful" means the manufacturer knew about the defect or knew their refusal to repair/replace was improper.
📊 Sample Damages Calculation
Example: Defective Kitchen Appliance Fire
Remedies Under Song-Beverly
🔄 Replacement
Manufacturer must replace defective product with identical or comparable new item
🔧 Repair
Free repair to fix the defect and restore product to working condition
💵 Refund
Full refund of purchase price if repair/replacement isn't possible or chosen
⚖ Attorney Fees
CLRA allows recovery of attorney fees if you prevail in litigation
💡 Document Everything
Keep detailed records of all expenses, lost work time, and how the injury has affected your daily life. Take dated photos of injuries as they heal. Keep a journal of pain levels and limitations. This documentation becomes critical evidence for calculating damages.
📝 Sample Language
Copy and customize these paragraphs for your demand letter. Remember, this letter also serves as your required CLRA 30-day pre-suit notice.
🚀 Next Steps
What to do after sending your demand letter.
Expected Timeline
Days 1-7
Company receives letter, logs complaint, assigns to claims or legal department
Days 7-21
Investigation period - they may request to inspect product
Days 21-30
Response due - settlement offer, denial, or repair/replacement offer
Day 30+
CLRA waiting period expires - you can now file lawsuit for damages
If They Don't Respond or Refuse
-
Consult a Product Liability Attorney
Many work on contingency (no fee unless you win). Product liability cases often require expert witnesses and significant resources that attorneys can provide.
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Report to Consumer Agencies
File complaints with CPSC (saferproducts.gov), California Attorney General, and Better Business Bureau. These create public records and may trigger investigations.
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Check for Class Actions
Search for existing class actions you can join. If many consumers are harmed, starting a class action may be appropriate.
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Small Claims Court
For claims under $12,500, California small claims court is fast and doesn't require an attorney. Good for warranty disputes without major injuries.
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File a Lawsuit
After 30-day CLRA notice period, you can file in Superior Court. Seek strict liability, breach of warranty, CLRA violations, and negligence claims.
Need Legal Help?
Product liability cases can be complex. Get a 30-minute strategy call with an attorney to evaluate your case and discuss next steps.
Book Consultation - $125California Resources
- Consumer Product Safety Commission: cpsc.gov and saferproducts.gov
- CA Attorney General Consumer Protection: oag.ca.gov/consumers
- CA Dept. of Consumer Affairs: dca.ca.gov
- California Courts Self-Help: courts.ca.gov/selfhelp
- State Bar Lawyer Referral: calbar.ca.gov
⚠ Don't Wait Too Long
The statute of limitations for personal injury is 2 years and for breach of warranty is 4 years. Evidence deteriorates, witnesses forget, and defendants may destroy records. Take action promptly to protect your rights.