In California, a manufacturer is strictly liable when a product it puts on the market, knowing it will be used without inspection for defects, has a defect that injures someone. You do not have to prove the manufacturer was careless; you have to prove the defect and that it caused the injury (Greenman v. Yuba Power Products, Inc. (1963) 59 Cal.2d 57). You generally have two years to sue (Code of Civil Procedure section 335.1). Our office is open 24/7 and calls are answered at (619) 525-7007.
Reviewed by Vikas Bajaj, Attorney at Law
This page covers injuries from defective vehicles and parts, tools, appliances, medical devices, e-cigarette batteries, children’s products, and other consumer goods.
California law explained: strict product liability
- Strict liability: in Greenman v. Yuba Power Products, Inc. (1963) 59 Cal.2d 57, the California Supreme Court held that a manufacturer is strictly liable in tort when an article it places on the market, knowing it is to be used without inspection for defects, proves to have a defect that causes injury to a human being.
- Design defects, two tests: in Barker v. Lull Engineering Co. (1978) 20 Cal.3d 413, the Court held a design is defective if (1) it failed to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable way, or (2) the plaintiff shows the design caused the injury and the defendant fails to prove that the benefits of the design outweigh its inherent risks.
- Burden shift: under the second Barker test, once the plaintiff shows the design caused the injury, the burden shifts to the defendant to prove the benefits outweigh the risks.
- Three defect types: manufacturing defects, design defects, and failure to warn; the Judicial Council’s jury instructions for each are in the civil jury instructions (CACI), series 1200.
- Common consumer products: a manufacturer or seller is not liable for a product that is inherently unsafe, known to be unsafe by the ordinary consumer, and is a common consumer product for personal consumption such as sugar, castor oil, alcohol, or butter. That rule does not cover manufacturing defect or express warranty claims, and it does not exempt tobacco manufacturers (Civil Code section 1714.45).
- Negligence too: a separate negligence claim is available for harm caused by a lack of ordinary care (Civil Code section 1714).
Types of Defective Products
California recognizes three kinds of product defect. A claim can rest on one or more of them.
Manufacturing Defects
A manufacturing defect means the product that hurt you differs from the manufacturer’s own design or from other units of the same product line, for example a cracked weld, a contaminated batch, or a missing part. In Vandermark v. Ford Motor Co. (1964) 61 Cal.2d 256, where a new car’s brakes applied themselves and the crash destroyed much of the evidence, the California Supreme Court held that the injured driver could establish the defect, and the defendants’ responsibility for it, through circumstantial evidence. Strict liability means negligence does not have to be proved.
Design Defects
A design defect affects every unit because the design itself is unsafe. The two Barker tests described above apply: what an ordinary consumer would expect, and whether the benefits of the design outweigh its inherent risks.
Failure to Warn
A product can also be defective because it lacks adequate warnings or instructions about a risk of use. The Judicial Council’s civil jury instructions (CACI), series 1200, set out the elements a jury applies to each defect type.
Who can be responsible for a defective product
- The manufacturer of the finished product, which cannot avoid strict liability by blaming a component supplier (Vandermark v. Ford Motor Co. (1964) 61 Cal.2d 256).
- The retailer or dealer that sold it. In Vandermark, the California Supreme Court held a retailer engaged in the business of distributing goods to the public is strictly liable in tort for personal injuries caused by defects in products it sells, regardless of any contract disclaimer.
- Component makers and distributors in the chain of distribution, depending on the facts.
- Anyone whose lack of ordinary care contributed, such as a negligent installer or repairer (Civil Code section 1714).
Product cases we handle
Product injury claims arise from many kinds of goods. Each category has its own federal safety agency and recall system:
- Vehicles, tires, and car seats: recalls and complaints are handled by NHTSA (NHTSA safety problem report page).
- Household products, appliances, and children’s products: the CPSC accepts consumer reports on SaferProducts.gov.
- Drugs and medical devices: the FDA accepts adverse event reports through the FDA MedWatch program.
- Power tools and machinery: Greenman itself involved a combination power tool that threw a piece of wood into the user’s head.
- Pool and elevator equipment: see our swimming pool accident page and elevator accident page.
Legislative history: product liability statutes
Strict product liability in California comes from court decisions, but the Legislature has addressed parts of it. Civil Code section 1714.45 was most recently amended by Stats. 1998, Ch. 485, effective January 1, 1999. Its text says the 1997-98 amendments were meant to declare that there is no statutory bar to tobacco-related injury claims against tobacco manufacturers. Code of Civil Procedure section 340.8, the filing deadline for injuries from exposure to hazardous materials or toxic substances, was added by Stats. 2003, Ch. 873, effective January 1, 2004. Sources: leginfo section history notes.
Steps to Take After a Defective or Malfunctioning Product Accident
- Get medical care right away, and tell the provider what product was involved. Some injuries, such as concussions, show symptoms later (CDC traumatic brain injury page).
- Keep the product and all its parts exactly as they are. Do not repair, return, or discard it; the physical product is often the most important evidence.
- Keep the packaging, manual, warnings, receipt, and any online order record.
- Photograph the product, the scene, and your injuries.
- Write down the model and serial number, and where and when you bought it.
- Report the problem to the right agency: SaferProducts.gov for consumer products, the FDA MedWatch program for drugs and devices, or the NHTSA safety problem report page for vehicles.
- Be careful about sending the product to the manufacturer for “testing”; once it leaves your hands, you may lose control of the evidence.
Time Limits on Product Cases
Exposure to a hazardous material or toxic substance: two years from the injury, or two years after the plaintiff knew or reasonably should have known of the injury, its physical cause, and facts suggesting wrongful conduct ( Code of Civil Procedure section 340.8 ). the filing deadlines explainer, including government claims has the full background.
Check for recalls
Search the CPSC recalls page for consumer products, the FDA recalls page for drugs, devices, and food, and the NHTSA recalls page for vehicles and equipment. A recall can be evidence of a defect, but a product does not have to be recalled to be defective. Keep the product, packaging, and receipts, and do not repair or discard it.
Damages in a Product Liability Case
In a product case, more than one company in the chain of distribution may share responsibility for the damages. The general rules are on how California measures injury damages.
Settlement offers, negotiation, and trial
Product cases often involve several defendants, and each may make its own settlement offer. For the statewide rules, see our negotiation and lawsuit explainer.
Related injury pages
See our elevator accident page, swimming pool accident page, San Diego car accident page, catastrophic injury page, wrongful death page.
Product liability questions and answers
Do I have to prove the manufacturer was negligent?
No. Under Greenman v. Yuba Power Products, Inc. (1963) 59 Cal.2d 57, a manufacturer is strictly liable for a defect that causes injury.
How does California decide whether a design is defective?
Under Barker v. Lull Engineering Co. (1978) 20 Cal.3d 413, by the consumer expectations test or the risk-benefit test, where the defendant must prove the benefits outweigh the risks.
Can I sue over sugar or alcohol?
Generally not for an inherent, commonly known danger of a common consumer product; that exemption does not apply to manufacturing defects or tobacco manufacturers (Civil Code section 1714.45).
How long do I have to file a product liability case?
Generally two years (Code of Civil Procedure section 335.1); toxic exposure claims follow a discovery rule (Code of Civil Procedure section 340.8).
Does a product have to be recalled for me to have a claim?
No. A recall can help show a defect, but a defect claim does not require a recall.
Can the store that sold me the product be responsible?
Yes. Under Vandermark v. Ford Motor Co. (1964) 61 Cal.2d 256, a retailer in the business of selling goods to the public is strictly liable for injuries caused by defects in products it sells.
Does a minor have more time to bring a product claim?
Generally yes. Time while the injured person is under 18 does not count toward the two-year deadline (Code of Civil Procedure section 352), except for claims against public entities.
What should I do with the defective product?
Keep it, unaltered, with its packaging and receipt. Do not return it or send it to the manufacturer before getting advice.
How do attorney fees work?
No attorney fee unless we recover. If there is no recovery, you owe no attorney fees and no case costs, as stated in your fee agreement.
How do I reach Injury Trial Lawyers?
Injury Trial Lawyers is open 24/7, and calls are answered at (619) 525-7007.
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This page is general information about California law, not legal advice.