California Product Liability Lawyer
California strict product liability representation for design, manufacturing, and warning defects — no fee unless we win.
Legal Services
California strict product liability representation for design, manufacturing, and warning defects — no fee unless we win.
Fees, Costs and Case Results
Where representation is offered on a contingency basis there is no attorney fee unless we recover, and the firm advances case costs — filing fees, expert witnesses and medical records — which are then repaid out of any recovery. If there is no recovery, you owe no attorney fee. The specific terms that apply to a matter are set out in the written fee agreement for that matter.
Where this site refers to a verdict, settlement or court order, that result was dependent on the facts of that case, and results will differ if based on different facts. Past results do not predict or guarantee the outcome of any other matter, and no particular outcome is promised or guaranteed.
Frequently Asked Questions
- What is product liability under California law?
- Product liability is the legal responsibility of those who make and sell products for injuries those products cause. California is a strict-liability state for defective products, a doctrine established by the California Supreme Court in Greenman v. Yuba Power Products, Inc. (1963) 59 Cal.2d 57. Under strict liability, an injured person does not have to prove the manufacturer was careless — only that the product had a defect that caused harm while being used in a reasonably foreseeable way. This makes product liability claims fundamentally different from ordinary negligence cases.
- What are the three types of product defects?
- California recognizes three categories of defect: (1) manufacturing defects, where the product departed from its intended design (CACI No. 1201); (2) design defects, where the design itself is unsafe (CACI Nos. 1203-1204); and (3) warning defects, where the product lacked adequate warnings or instructions about a non-obvious danger (CACI No. 1205). A single product can have more than one type of defect, and we plead every theory the facts support.
- How does California decide whether a product design is defective?
- California uses two tests, established in Barker v. Lull Engineering Co. (1978) 20 Cal.3d 413. Under the consumer-expectation test, a design is defective if the product failed to perform as safely as an ordinary consumer would expect when used in a reasonably foreseeable way. Under the risk-benefit test, a design is defective if its risks outweigh its benefits — and importantly, the burden shifts to the manufacturer to prove the benefits outweigh the risks. We use whichever test, or both, best fits your product and injury.
- Who can be held liable in a product liability case?
- Strict liability applies to every commercial entity in the product's chain of distribution — the manufacturer of the finished product, the manufacturer of a defective component, distributors, wholesalers, and retailers. This is important because a victim can recover even if the actual manufacturer is bankrupt, overseas, or hard to reach, by pursuing other links in the chain. We identify every potentially responsible party and the available insurance.
- What kinds of defective products cause injuries?
- We handle injuries from a wide range of defective products, including auto parts (defective airbags, tires, seatbelts, and accelerators), lithium-ion batteries and electronics that catch fire, household appliances, power tools and industrial machinery, children's products and toys, furniture, medical devices, and dangerous drugs. Burns, amputations, and traumatic injuries from defective products are common, and we coordinate with engineering and medical experts to prove both the defect and its consequences.
- How long do I have to file a product liability lawsuit in California?
- California's statute of limitations for product liability injury claims is two years from the date of injury under Code of Civil Procedure § 335.1. In some cases the discovery rule applies, starting the clock when the injury and its cause are, or reasonably should have been, discovered — which can matter for injuries that develop over time. Because evidence such as the product itself must be preserved, you should consult a California product liability lawyer as soon as possible.
- Why is preserving the product so important?
- The defective product is usually the single most important piece of evidence. It must be preserved exactly as it was — not repaired, altered, returned, or discarded — so that engineering experts can examine it and demonstrate the defect. We send evidence-preservation (spoliation) letters immediately and arrange secure storage and joint inspections. If you still have the product, the packaging, the manual, or the receipt, keep them and tell your lawyer right away.
- What compensation can I recover in a product liability case?
- California allows recovery of economic and non-economic damages: past and future medical expenses, lost wages and loss of earning capacity, and — under CACI No. 3905A — pain and suffering, emotional distress, disfigurement, and loss of enjoyment of life. Punitive damages may be available where a manufacturer knew of a danger and sold the product anyway. Catastrophic product injuries can involve lifelong care documented through a life-care plan, and fatal cases support a wrongful death claim under Code of Civil Procedure § 377.60.
Contact Trembach Law Firm
Trembach Law Firm, APC
27001 Agoura Road, Suite 350, Calabasas, CA 91301
Phone: (818) 514-7680
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