California Product Liability Attorney

California has applied strict products liability since Greenman v. Yuba Power Products (1963) 59 Cal.2d 57. A person injured by a defective product generally does not have to prove the manufacturer was careless — only that the product was defective, the defect existed when it left the defendant's hands, and the defect caused the injury. Three defect theories are recognized:

• Design defect — the product line itself is unsafe, judged under the consumer-expectations or risk-benefit tests of Barker v. Lull Engineering (1978) 20 Cal.3d 413 and Soule v. General Motors (1994) 8 Cal.4th 548.
• Manufacturing defect — the individual unit departed from its intended design.
• Failure to warn — the maker knew or should have known of a risk and failed to give adequate warnings or instructions.

• Vehicles — rollover and roof-crush, airbag and restraint failures, seatback collapse, fuel-fed fires, tire tread separation
• Industrial and agricultural machinery — missing guards, defective interlocks, inadequate warnings
• Power tools and equipment
• Consumer products — heaters, appliances, furniture tip-overs, children's products
• Batteries and battery-powered devices (see our lithium-ion battery fire page)

Everyone in the chain of distribution — manufacturer, distributor, and retailer — can generally be held strictly liable.

The single most important step after a serious product injury: keep the product, in its post-incident condition. Do not return it, repair it, or let an insurer take it. The product is the case. Our office moves quickly to secure the product, document the scene, and retain the engineering experts the defect theory requires.

Medical expenses, future care, lost earnings and earning capacity, and full general damages for pain, suffering, disfigurement, and loss of enjoyment of life. Where a manufacturer knew of the danger and consciously disregarded it, punitive damages may be available under Civil Code § 3294.