Product Defects FAQ

Strict product liability is a legal doctrine established in California that holds manufacturers, distributors, and retailers liable for injuries caused by defective products regardless of whether they were negligent in making or selling the product. This groundbreaking doctrine was established by the California Supreme Court in Greenman v. Yuba Power Products (1963) and codified in the Restatement of Torts.

Under strict liability, an injured consumer does not need to prove that the defendant was careless or knew about the defect. The plaintiff must prove only that:

• The product was defective when it left the defendant's control
• The defect made the product unreasonably dangerous
• The defect was a substantial factor in causing the plaintiff's injury
• The product was used in a reasonably foreseeable manner

This makes it significantly easier for injured consumers to recover damages compared to traditional negligence claims. Strict liability applies to the entire chain of distribution, meaning you can sue the manufacturer, the distributor, or the retailer. California law recognizes three types of product defects that can trigger strict liability: manufacturing defects, design defects, and warning defects (failure to warn).

California law recognizes three distinct types of product defects, each with different elements that a plaintiff must prove.

Manufacturing defects occur when a product departs from its intended design due to an error in the manufacturing process. The product differs from other identical products made by the same manufacturer and is more dangerous as a result. Examples include a car with a faulty brake line due to improper assembly or contaminated medication.

Design defects exist when the entire product line is dangerous because of a flaw in the product's design, even when manufactured correctly. California uses two tests for design defects: the consumer expectations test (whether the product performed as safely as an ordinary consumer would expect) and the risk-benefit test (whether the risks of the design outweigh its benefits).

Warning defects, also called "failure to warn" or marketing defects, occur when a product lacks adequate warnings or instructions about known risks that are not obvious to users. Manufacturers have a duty to warn about risks they know or should know about. The warning must be adequate in terms of its visibility, clarity, and the completeness of the information provided.

Product recalls in California are typically initiated by federal agencies or the manufacturers themselves when safety defects are discovered. The primary agencies that issue recalls include:

• The Consumer Product Safety Commission (CPSC) for consumer products
• The Food and Drug Administration (FDA) for food, drugs, medical devices, and cosmetics
• The National Highway Traffic Safety Administration (NHTSA) for vehicles and vehicle equipment
• The Environmental Protection Agency (EPA) for pesticides and certain chemicals

To check for recalls, visit CPSC.gov for consumer products, FDA.gov/Safety/Recalls for food and medical products, NHTSA.gov/recalls for vehicles, and Recalls.gov as a centralized resource. Register your products with manufacturers to receive direct recall notifications.

If you discover a product is recalled, stop using it immediately and follow the remedy instructions provided, which may include repair, replacement, or refund. Keep the product and all documentation including receipts and packaging, as you may need them for a refund or for a potential lawsuit if you were injured. If you've been injured by a recalled product, the recall itself can serve as evidence of the defect.

California product liability law allows injured consumers to recover comprehensive damages to compensate for their losses.

Economic damages include: medical expenses (past, present, and future); lost wages and lost earning capacity; property damage; out-of-pocket expenses related to the injury; costs of home modifications or medical equipment; and rehabilitation and therapy costs.

Non-economic damages compensate for intangible losses including: pain and suffering; emotional distress; loss of enjoyment of life; disfigurement and scarring; loss of consortium (impact on spousal relationship); and permanent disability or impairment. Unlike some states, California does not cap non-economic damages in product liability cases.

Punitive damages may be awarded if the defendant's conduct was malicious, fraudulent, or showed a conscious disregard for consumer safety under Civil Code Section 3294. These damages are designed to punish the wrongdoer and deter similar conduct. To recover punitive damages, you must prove by clear and convincing evidence that the defendant acted with oppression, fraud, or malice.

In cases involving death, wrongful death damages are available to surviving family members.

Under California's strict product liability doctrine, you can sue any party in the chain of distribution that played a role in getting the defective product to consumers. This includes:

• The manufacturer of the finished product
• The manufacturer of component parts
• Distributors and wholesalers
• Retailers (even if they didn't manufacture the product)
• Importers who brought foreign-made products into the US market
• Any other entity in the commercial chain of distribution

This expansive liability ensures that consumers have recourse even if the manufacturer is unavailable (such as a foreign company) or financially unable to pay damages. Each defendant in the chain is potentially jointly and severally liable, meaning each can be held responsible for the entire amount of damages.

However, defendants may seek indemnification from other parties in the chain, particularly from the party most responsible for the defect. Retailers and distributors often have contractual indemnification agreements with manufacturers. For practical purposes, plaintiffs often sue multiple defendants to maximize the chances of recovery and let the defendants sort out liability among themselves through cross-claims.

California has specific statutes of limitations that govern when product liability lawsuits must be filed, and missing these deadlines can permanently bar your claim.

For personal injury claims: Code of Civil Procedure Section 335.1 provides a two-year statute of limitations from the date of injury. However, the "discovery rule" may toll this period if the injury was not immediately apparent. Under the discovery rule, the statute begins running when the plaintiff discovers or reasonably should have discovered that the injury was caused by the defendant's wrongful conduct.

For property damage claims: The statute of limitations is three years under Code of Civil Procedure Section 338.

For wrongful death claims: Code of Civil Procedure Section 377.60 provides a two-year period from the date of death.

California also has a statute of repose for certain products. For construction defect cases involving products incorporated into real property, there's a 10-year statute of repose from substantial completion. For latent injuries that don't manifest until years after exposure (such as asbestos or toxic chemicals), special rules apply. Minors have extended time to file, as the statute of limitations is tolled until they reach age 18.

While manufacturers have a duty to warn about known product risks, simply including a warning label does not automatically shield them from liability in California. The adequacy of warnings is evaluated based on several factors established by California courts:

• The warning must be visible and prominently displayed where users will see it
• The language must be clear, understandable, and appropriate for the intended audience
• The warning must adequately convey the nature and extent of the danger
• The warning must be provided in a timely manner, typically before or at the time of sale

Even with an adequate warning, a manufacturer can still be liable under other theories. If the product has a design defect, a warning alone may not be sufficient if the risk could be eliminated or reduced through a safer design. Under the risk-utility test for design defects, the gravity of the danger may outweigh any warning. A manufacturer cannot "warn its way out" of liability for an unreasonably dangerous product when a safer alternative design exists.

Additionally, warnings may be inadequate if they fail to reach the actual user, are obscured by other text, use technical jargon ordinary consumers wouldn't understand, or fail to update as new risks become known.

Taking the right steps immediately after a product-related injury is crucial for protecting your health and preserving your legal claims.

First, seek medical attention immediately, even if injuries seem minor. Some injuries have delayed symptoms, and prompt medical documentation establishes a clear connection between the product and your injuries. Tell your healthcare provider exactly what product caused the injury and how.

Second, preserve the product in its current condition. Do not repair, modify, discard, or return it. The product itself is critical evidence. Keep all parts, pieces, and packaging. Take photographs from multiple angles showing the defect and any visible damage.

Third, document everything. Write down exactly what happened while it's fresh in your memory. Note the date, time, location, and circumstances. Photograph your injuries and the scene. Get contact information for any witnesses.

Fourth, save all documentation related to the product including receipts, instruction manuals, warranty cards, and any correspondence with the manufacturer or retailer.

Fifth, report the incident to the Consumer Product Safety Commission through SaferProducts.gov and to other relevant agencies depending on the product type.

Sixth, consult with a product liability attorney before speaking with insurance companies or the manufacturer's representatives.

The Consumer Product Safety Commission (CPSC) is the federal agency charged with protecting consumers from unreasonable risks of injury or death from consumer products. While a federal agency, its work directly benefits California consumers through several mechanisms.

The CPSC sets mandatory safety standards for consumer products, conducts research and testing on product hazards, issues recalls and corrective actions for dangerous products, and maintains a public database of consumer complaints and reports. Through its SaferProducts.gov website, consumers can report unsafe products and research complaints about products they own or are considering purchasing.

Under the Consumer Product Safety Improvement Act of 2008, manufacturers are required to test certain products, particularly children's products, for compliance with safety standards. The CPSC can seek civil penalties up to $100,000 per violation against companies that violate safety standards or fail to report known hazards.

For California consumers, CPSC enforcement provides important evidence in product liability cases. If a product has been recalled or the subject of a CPSC investigation, this can help establish that the product was defective. California also has additional state-level protections through agencies like the California Department of Consumer Affairs and the California Attorney General's Consumer Protection Division.

Product liability claims and warranty claims are distinct legal theories that can arise from the same defective product, but they have different requirements, limitations, and remedies.

Product liability claims under strict liability or negligence are tort claims focused on personal injury or property damage caused by defective products. You do not need "privity of contract" with the defendant (meaning you can sue manufacturers even if you bought from a retailer). The focus is on whether the product was defective and whether that defect caused harm. Damages can include compensation for personal injuries, pain and suffering, and punitive damages.

Warranty claims under the Song-Beverly Consumer Warranty Act and the Uniform Commercial Code are contract-based claims focused on the product failing to meet express or implied warranties. Under Song-Beverly, remedies include repair, replacement, or refund, plus attorney's fees and civil penalties for willful violations. Warranty claims generally don't allow recovery for personal injuries or emotional distress.

The statute of limitations also differs: two years for personal injury tort claims versus four years for breach of warranty under Commercial Code Section 2725. Many cases involve both theories, such as when a defective appliance causes a house fire (product liability for injuries and property damage, plus warranty claims for the defective appliance itself).