Defective Products

Consumers have a right to expect that the products they use are reasonably safe. When a defective vehicle part, appliance, battery, or tool causes a serious injury, a product liability lawyer can hold the manufacturer and sellers accountable.

Smith Trial Group represents people injured by dangerous and defective products throughout Orange County and Southern California. These cases often require engineering experts and a willingness to take on large corporations, which is exactly where our trial experience matters.

On this page: Strict liability · Types of defects · Who is responsible · What to do · FAQ

What Is a Defective Product?

A defective product is one that is unreasonably dangerous when used as intended or in a reasonably foreseeable way. California recognizes three types: a design defect, where the whole product line is unsafe; a manufacturing defect, where one unit departs from its intended design; and a warning defect, where the maker failed to give adequate instructions or warnings. When a defect causes injury, the manufacturer, distributor and retailer can be held strictly liable, so the injured person doesn’t have to prove anyone was careless.

California Product Liability Law

California was the first state to adopt strict product liability. An injured person does not have to prove the manufacturer was careless, only that the product was defective and that the defect caused the injury when the product was used in a reasonably foreseeable way.

Types of Product Defects

• Manufacturing defects: the specific product differs from its intended design, such as a faulty weld or contaminated batch.
• Design defects: the design itself is unreasonably dangerous, or its risks outweigh its benefits when a safer design was feasible.
• Failure to warn: the product lacked adequate instructions or warnings about non-obvious risks.

Who Can Be Held Responsible

Liability can extend to everyone in the chain of distribution: the manufacturer, the maker of a defective component, the distributor, and the retailer. Identifying every responsible party maximizes the insurance available to you.

What to Do After an Injury

1. Keep the product and its packaging, and do not attempt repairs or return it to the store.
2. Save receipts, manuals, and any related communications.
3. Check for recalls on the product.
4. Photograph the product and your injuries.

Product liability claims for personal injury are generally subject to a two-year statute of limitations, which can depend on when the injury and its cause were discovered.

Helpful resources: CPSC Product Recalls · NHTSA Vehicle Recalls

Examples of Dangerous Products

• Vehicles and auto parts, including airbags, seatbelts, tires and driver-assistance systems. See vehicle defects.
• Lithium-ion batteries in e-bikes, scooters, phones, vapes and power tools that overheat or explode. See burn injuries.
• Industrial and construction equipment without proper guards or safety shutoffs.
• Household products such as pressure cookers, space heaters and furniture that tips over.
• Children’s products and toys that present choking, strangulation or crushing hazards.
• Medical devices that fail or are implanted with known risks.

Preserving the Product Is Essential

The product itself is usually the most important evidence. Do not throw it away, repair it or return it to the seller or manufacturer. Keep the packaging, manuals, receipts and any replacement parts. Photograph it as-is. A manufacturer that offers to “inspect” or replace the product should do so only through your lawyer, so that testing is properly documented and the evidence is not altered.

Recalls and Prior Complaints

Recalls, government safety reports and prior complaints can be strong evidence that a manufacturer knew about a danger. You do not need a recall to have a claim, and many defect cases involve products that were never recalled.

Compensation

Injured people can recover medical expenses, lost income and earning capacity, and damages for pain, suffering and disfigurement. In cases where a manufacturer knowingly ignored a serious safety risk, punitive damages may also be available. See catastrophic injuries.

Frequently Asked Questions

The product was recalled after I was injured. Does that help?

It can. A recall may be evidence that the manufacturer knew about a defect, though each case depends on its facts.

I misused the product slightly. Can I still recover?

Manufacturers must anticipate reasonably foreseeable uses and misuses. Comparative fault may reduce, but not necessarily eliminate, a recovery.

Related guides: How much is my case worth?