Do I Need a Lawyer for Product Liability?

Answer 6 quick questions to get personalized guidance for your California case

Question 1 of 6

How serious were your injuries from the defective product?

Death of family member (wrongful death)
Severe - hospitalization, surgery, permanent injury
Moderate - required medical treatment, ongoing issues
Minor - first aid, brief discomfort
Property damage only, no injury

Question 2 of 6

What type of defect was involved?

Design defect - the product design itself is dangerous
Manufacturing defect - this specific product was made wrong
Failure to warn - inadequate warnings or instructions
Product was recalled (before or after my injury)
Not sure what type of defect

Question 3 of 6

Do you still have the defective product?

Yes - preserved in the condition it was in
Yes - but it's been repaired or modified
Returned it to store or manufacturer
No - threw it away or lost it

Question 4 of 6

Who manufactured or sold the product?

Major corporation (car company, appliance maker, etc.)
US-based company with assets
Foreign manufacturer (may be hard to sue)
Unknown or unlabeled product

Question 5 of 6

Were you using the product as intended?

Yes - exactly as intended and described
In a foreseeable but not intended way
Product was modified or misused in some way
Ignored clear warnings

Question 6 of 6

What are your total medical expenses and damages?

Over $50,000
$15,000 - $50,000
$5,000 - $15,000
Under $5,000
📦

Consider Warranty Claim or Consumer Remedies

For smaller product issues without serious injury, warranty claims and consumer protection routes may be more practical.

Recommended DIY Steps:

  • File warranty claim with manufacturer
  • Report to Consumer Product Safety Commission (CPSC)
  • File complaint with FTC if deceptive claims involved
  • Credit card chargeback if purchased recently
  • Small Claims Court for smaller damages

You Should Definitely Consult a Product Liability Attorney

Your case involves significant injuries from a defective product. Product liability attorneys work on contingency and can take on major manufacturers.

Why You Need an Attorney:

  • Product liability cases require expert witnesses (engineers, doctors)
  • California has strict liability - don't need to prove negligence
  • Attorneys can investigate defect, find other victims
  • Contingency fee = no upfront cost (typically 33-40%)
  • Manufacturers have large legal teams - you need one too
🤔

Get a Consultation to Evaluate

Your case has some value. A consultation will help determine if it's worth pursuing.

Recommended Approach:

  • PRESERVE the product - don't repair, modify, or discard
  • Document everything - photos, receipts, medical records
  • Report to CPSC (creates record and may find other victims)
  • Consult with a product liability attorney (most work on contingency)
  • If attorneys won't take case, consider warranty/consumer claims

Understanding Product Liability in California

California follows strict liability for defective products. This means you don't need to prove the manufacturer was negligent - just that the product was defective and caused your injury.

California Strict Liability Advantage

Under California law, manufacturers, distributors, and retailers are strictly liable for injuries caused by defective products. You don't need to prove they were careless - just that:

  • The product was defective
  • You used it as intended (or in a foreseeable way)
  • The defect caused your injury

Three Types of Product Defects

⚠ CRITICAL: Preserve the Product!

The defective product is the most important piece of evidence. You MUST:

  • Do NOT throw it away, repair it, or modify it
  • Store it safely in the condition it was in
  • Take photos documenting its current state
  • If you returned it, get records showing where it went

Without the product, your case becomes much harder to prove.

Who Can You Sue?

Statute of Limitations

2 years from the date of injury. Discovery rule may extend this if you didn't know the product caused your injury immediately.

Why Product Liability Cases Need Attorneys

Product liability cases are complex and expensive to pursue:

Related Resources

Quick Legal Tools

Free calculators to help with your case:

📅

Timeline Predictor

How long will my case take?

💰

Fee Comparison

Contingency vs hourly fees

Deadline Checker

Statute of limitations

📊

Settlement Calculator

Estimate your case value

Find a Lawyer in Your California City

San Francisco San Jose Sacramento Oakland Riverside Fresno Long Beach Bakersfield Anaheim Stockton

Free legal assessments, demand letter generators, and courthouse info for your city.