You trusted that product. You paid good money for it. Then in one terrifying moment, it failed you. Do you sue the manufacturer or the store for defective product injuries?
California law says: you can sue them all.
But you need to act fast. Here’s what you need to know about fighting for your rights as a consumer, which entities you can sue, and while the clock is ticking.
California maintains strict product liability laws that hold manufacturers, distributors, and sellers accountable for defective products that cause injury.
This means: Everyone in the supply chain shares responsibility.
Under California’s strict liability law, manufacturers and retail sellers can be held liable for injuries caused by defects regardless of how careful they were in their production process.
The law recognizes three types of product defects: manufacturing defects (something went wrong when making your specific product), design defects (the entire product line has a dangerous design), and failure to warn (missing or inadequate safety warnings).
You don’t have to prove anyone was careless. You don’t need to show they knew about the defect.
The chain of distribution includes manufacturers who design and make products, distributors and wholesalers who move products from manufacturers to stores, and retail sellers who have responsibilities to sell items that are in a safe condition.
Each link in this chain bears legal responsibility for your injuries. This protects you when you can’t determine exactly where the defect occurred.
The manufacturer typically bears primary responsibility for defective products. They designed it. They built it. They put it into the marketplace.
Manufacturing defects occur when a properly designed product becomes dangerous due to errors in the production process or quality control.
Your product might have broken components from assembly errors, contamination during production, missing parts or incorrect materials, or quality control failures.
To prove a design defect, you must show either: the product failed to perform as safely as an ordinary consumer would expect, or risks of the design outweighed its benefits, and the defect caused your harm.
When the entire product line shares a dangerous design, every single item poses risks.
Marketing defects, also known as failure to warn, occur when a product lacks proper instructions or manufacturers fail to warn consumers about potential hidden dangers in the product.
Manufacturers must tell you about hidden dangers in normal use, proper usage instructions, safety precautions, and known risks and side effects.
The manufacturer can’t escape liability by pointing fingers at retailers. They created the danger. They profit from sales. They should pay for the harm.
All parties, from the manufacturer to the end retail store that sells the product, are responsible under the rule of strict liability. The retailer can’t claim ignorance as a defense.
Stores must ensure product safety through removing recalled items immediately, proper storage to prevent damage, correct assembly of products requiring setup, and verifying products aren’t expired or damaged.
Product liability protection extends to anyone who can reasonably be expected to come into contact with the product during normal use.
This ensures broad consumer protection.
Including the retailer in your claim offers practical benefits: local defendants mean local court proceedings, retailers often settle faster than manufacturers, multiple defendants increase your compensation sources, and multiple insurance policies may apply, increasing available coverage.
You bought the product from them. They profited from the sale. They share responsibility for your injuries.
Strict liability holds manufacturers and sellers accountable for damages caused by a defective product.
You only need to prove the product was defective, you used it in an intended or reasonably foreseeable way, the defect caused your injuries, and you suffered actual damages.
California adopted strict product liability in Greenman v. Yuba Power Products (1963).
If you were given a defective product as a gift and have been injured by the defective product, you can still sue all people in the chain of distribution.
This means protection for gift recipients, family members using household products, employees using work equipment, and anyone injured by the defective product.
Under California Code of Civil Procedure 335.1, product liability claims generally must be filed within two years of the date of the injury.
Important considerations: you lose your right to compensation if you miss this deadline. If you were injured in an accident that also caused major property damage, you must bring your claim within the first two years. Otherwise, the personal injury aspect of your case will not be heard.
Claims for property damage generally must be filed within three years under California Code of Civil Procedure section 338.
Your actions right now determine your case’s strength. Every decision counts. Below are the steps you should put into action:
Keep the defective product in its current condition, all packaging and instructions, receipts and proof of purchase, and warning labels or lack thereof.
Photograph injuries immediately and throughout recovery, save all medical records and bills, document missed work and lost wages, and keep a pain journal.
Medical records establish the extent of your injuries, connection between the product and harm, necessary treatment costs, and future medical needs.
Get medical help now, even for seemingly minor injuries. Delaying treatment hurts both your health and your legal claim.
If you are considering a product liability claim in California, you should consult a lawyer promptly.
Insurance adjusters work for them, not you. Their job is to minimize payouts. Anything you say becomes ammunition against your claim.
Your injuries changed your life. California law recognizes you deserve compensation for all your losses, which are:
All medical expenses, past and future, lost wages during recovery, reduced earning capacity, property damage from the defective product, and out-of-pocket expenses.
Physical pain and discomfort, emotional distress and anxiety, loss of enjoyment of life, and permanent disability or disfigurement.
Defendants may blame each other, strengthening your case. Settlement pressure increases with multiple parties. Insurance coverage limits stack. Bankruptcy of one defendant doesn’t destroy your claim.
Holding multiple parties liable helps ensure you receive full compensation for your injuries and losses.
Each defendant carries insurance. Each has assets. More defendants mean more sources of compensation.
You’re hurt. Bills are piling up. Insurance companies want you to accept pennies on the dollar for injuries that changed your life.
California law lets you hold everyone responsible. But that two-year deadline won’t wait. Every day you delay gives them more power and you less leverage.
You don’t have to figure out who to sue.
Call DP Injury Attorneys today. We’ll identify every responsible party. We’ll build your strongest case.
Arthur Paul D’Egidio is the Managing Partner of DP Injury Attorneys, a San Diego personal injury law firm. With more than 12 years of experience in California injury law, he has dedicated his practice to representing clients in a wide range of personal injury matters, including car accidents, workers’ compensation, slip and falls, catastrophic injury, and wrongful death cases.
Arthur received his Juris Doctor from the Thomas Jefferson School of Law and is a member of the State Bar of California as well as the San Diego County Bar Association. He has received numerous accolades for his work, including being named a Super Lawyer for seven straight years by Thomson Reuters and a “Top 40 Under 40” by the National Trial Lawyers.
