Question 1

What is strict liability in California product liability wrongful death cases?

Accepted Answer

Under California's strict liability doctrine (established in Greenman v. Yuba Power Products), manufacturers, distributors, and retailers are liable for injuries caused by defective products regardless of whether they were negligent. The plaintiff need only prove the product was defective and the defect caused the death. This is a powerful legal theory that removes the burden of proving the manufacturer's carelessness.

Question 2

What are the three types of product defects that can cause wrongful death?

Accepted Answer

California recognizes three defect categories: (1) Design defects - the product's overall design is unreasonably dangerous (e.g., SUV with high rollover risk); (2) Manufacturing defects - a specific unit deviates from the intended design during production; (3) Failure to warn - the manufacturer failed to provide adequate warnings or instructions about known dangers (inadequate labeling, missing safety warnings).

Question 3

Who can be sued in a product liability wrongful death case?

Accepted Answer

All parties in the chain of distribution can be held strictly liable: the product manufacturer, component part manufacturers, assemblers, wholesalers, distributors, and retailers. In California, even used product sellers may be liable if they knew of the defect. This "chain of distribution" liability ensures at least one defendant has the resources to compensate the family.

Question 4

What are common products that cause wrongful death?

Accepted Answer

Common products include defective vehicles (accelerator defects, airbag failures, tire blowouts), dangerous pharmaceuticals and medical devices, defective industrial machinery, faulty consumer electronics (battery fires, electrocution), dangerous children's products (choking hazards, toxic materials), defective home appliances, and hazardous chemicals or cleaning products.

Question 5

How does a design defect differ from a manufacturing defect?

Accepted Answer

A design defect means every unit of the product is dangerous because the design itself is flawed (e.g., a vehicle with a tendency to roll over). A manufacturing defect means the design is safe but a specific unit was improperly made (e.g., a batch of tires with weak sidewalls due to a factory error). Design defects affect all products; manufacturing defects affect specific units.

Question 6

What damages are available in a California product liability wrongful death case?

Accepted Answer

Available damages include loss of financial support and future earnings, loss of love and companionship, funeral and burial expenses, loss of household services, and the value of guidance the deceased would have provided. Punitive damages are available if the manufacturer knew about the defect and consciously disregarded the danger (common in pharmaceutical and automotive cases).

Question 7

What is the statute of limitations for product liability wrongful death in California?

Accepted Answer

The wrongful death statute of limitations is two years from the date of death (CCP 335.1). For the product liability claim itself, the statute is two years from the date of injury. Products with latent defects (like pharmaceutical side effects) may have the discovery rule applied, extending the deadline from when the defect was or should have been discovered.

Question 8

Can I still file a claim if the product was recalled after the death?

Accepted Answer

Yes, and a product recall actually strengthens your case. A recall is essentially an admission that the product was defective. The manufacturer's knowledge of the defect before the recall (if provable) can support punitive damages. Even if the recall occurred after the death, the underlying defect existed at the time of the incident.

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