Was a crash made worse by a defective airbag, seatback, roof, tire, battery or driver-assistance system? California law holds manufacturers responsible for defective vehicles and products, even when another driver caused the crash.

On this page: Common defects · Product liability law · Crashworthiness · Preserve the vehicle · Recalls · Deadlines and fees · FAQ
Many serious crash injuries are made far worse by a defect in the vehicle itself: an airbag that fails or explodes, a seatback that collapses, a roof that crushes in a rollover, a tire that separates at freeway speed, or a driver-assistance system that does not work the way it was marketed. California product liability law holds manufacturers responsible for defective vehicles and parts, even when another driver caused the crash. Smith Trial Group represents people seriously injured, and families who lost loved ones, in vehicle and product defect cases throughout Southern California.
Common Vehicle and Product Defects
- Airbag defects: airbags that fail to deploy, deploy late, or rupture and send metal fragments into the cabin.
- Seatback and seat failures: front seats that collapse backward in rear-end crashes, injuring the driver and children seated behind.
- Roof crush and rollover defects: weak roof structures and unstable vehicle designs.
- Door latch and ejection defects, and seatbelts that unlatch or fail to restrain.
- Tire tread separation and blowouts caused by manufacturing defects.
- Fuel system and battery fires after otherwise survivable crashes. See burn injuries.
- Driver-assistance and “self-driving” features: systems such as Autopilot, lane-keeping and automatic emergency braking that fail to detect hazards, or that are marketed in a way that leads drivers to rely on them too much. In 2025, a federal jury in Florida found Tesla partly responsible for a fatal crash involving its Autopilot system, showing that these claims can succeed at trial.
- E-bike, e-scooter and lithium-ion battery fires: batteries and chargers that overheat and ignite, sometimes while charging indoors. See bicycle and e-scooter accidents.
How California Product Liability Law Works
California applies strict liability to defective products. An injured person generally does not have to prove the manufacturer was careless, only that the product was defective and that the defect was a substantial factor in causing harm. There are three main types of defect:
- Design defects. Under California law, a design is defective if it fails to perform as safely as an ordinary consumer would expect, or if the risks of the design outweigh its benefits.
- Manufacturing defects. The specific product departed from its intended design.
- Failure to warn. The manufacturer did not adequately warn about risks it knew or should have known about.
Manufacturers, parts suppliers, distributors and sellers in the chain of distribution can all be responsible. See defective products.
Crashworthiness: Defects Can Matter Even When Someone Else Caused the Crash
Vehicles must be reasonably crashworthy. If another driver caused the collision but a defect made your injuries worse than they should have been, for example a seatback collapse that turned a moderate rear-end crash into a spinal cord injury, the manufacturer can be responsible for those enhanced injuries. Many of the most serious crash cases involve both a negligent driver and a defective vehicle. See spinal cord injuries.
Preserve the Vehicle: The Most Important Step
The vehicle, tire, battery or device is the key evidence. After a crash, insurance companies often take vehicles to salvage yards and sell or crush them within weeks. If you suspect a defect:
- Tell your insurer, the tow yard and the salvage company in writing not to sell, repair or destroy the vehicle.
- Do not attempt repairs or remove parts.
- Keep failed tires, batteries, chargers and devices exactly as they are.
- Call a lawyer quickly so the evidence, including the vehicle’s event data recorder (“black box”) and any driver-assistance logs, can be preserved and inspected by experts.
Recalls
You can check whether your vehicle has an open recall on the NHTSA website using its VIN. A recall can be strong evidence of a defect, but you do not need a recall to have a claim, and a recall does not by itself prove your case.
Deadlines and Fees
Product liability claims for personal injury in California generally must be filed within two years of the injury, with some exceptions for injuries discovered later. Wrongful death claims generally must be filed within two years of the death. These cases require engineering experts and significant investment, and we advance the costs. We handle vehicle and product defect cases on contingency, so you pay no attorney’s fees unless we recover compensation.
Frequently Asked Questions
Can I sue a car manufacturer if another driver caused my crash?
Yes, in some cases. Under the crashworthiness doctrine, a manufacturer can be responsible for injuries that a defect made worse, such as a seatback collapse or airbag failure, even if another driver caused the collision.
Can I sue Tesla or another automaker over Autopilot or driver-assist features?
Possibly. Claims can be based on defects in the design of driver-assistance systems or on marketing that leads drivers to overestimate what the system can do. In 2025, a federal jury in Florida found Tesla partly responsible for a fatal Autopilot-related crash.
Does my car need to be recalled for me to have a case?
No. A recall can be helpful evidence, but many defect cases involve problems that were never recalled.
What should I do with my car after a crash if I suspect a defect?
Preserve it. Tell your insurer, tow yard and salvage company in writing not to sell, repair or destroy it, and contact a lawyer quickly so experts can inspect it and download its data.
Who is responsible for an e-bike or scooter battery fire?
The manufacturer of the battery or device, the maker of the charger, and the seller may all be responsible under California product liability law.
How much does it cost to bring a product defect case?
We handle these cases on contingency and advance the costs of experts and testing. You pay no attorney’s fees unless we recover compensation.
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