California Product Liability Lawyer | Leeran S. Barzilai, APLC

Injured by a defective product anywhere in California? Trust California product liability lawyer Leeran S. Barzilai to hold manufacturers accountable under strict liability laws. Free consultation statewide.

Every day, millions of Californians use products they assume are safe. Unfortunately, defective products cause serious injuries far too often. According to the National Safety Council, roughly 12.7 million people were treated in emergency rooms across the country for injuries related to consumer products in 2022 alone . Most of these injuries involved everyday items people assumed were safe. At Leeran S. Barzilai, A Prof. Law Corp. , we help injured consumers throughout California hold manufacturers accountable. Consequently, we secure the compensation they deserve.

Product liability cases involve complex legal principles that differ significantly from other personal injury claims. California applies strict liability in product defect cases, meaning you don’t need to prove negligence . You only need to show that the product was defective and caused your injury. An experienced California product liability lawyer understands these nuances and knows how to investigate thoroughly, preserve critical evidence, and hold all responsible parties accountable.

Why Product Liability Cases Are Different

Defective product claims require a specialized legal approach. Understanding these differences is essential for maximizing your recovery.

Strict Liability Applies: Under California law, if a product is more dangerous than it should be—or it contains inadequate warnings—whoever designs, makes, or sells the defective product is strictly liable for any injuries that result when the product is used in a reasonably foreseeable way . This means you don’t need to prove the manufacturer was careless. You simply need to prove the product was defective.

Multiple Legal Theories Available: Depending on your case, you may pursue claims under several legal theories. These include strict liability, negligence, and breach of warranty . Each theory requires proof of slightly different elements. Consequently, having experienced counsel who can evaluate all available theories is essential.

Potential Defendants Extend Beyond Manufacturers: Manufacturers are not the only possible defendants in product liability cases. You may also be able to sue the supplier, distributor, retailer, installer, or wholesaler . Under California law, all these parties could be liable for damages caused by a defective product.

Statute of Limitations: Under Code of Civil Procedure § 335.1 , you generally have two years from the date of injury to file a product liability lawsuit . Depending on your circumstances, this deadline can be longer or shorter. Failing to file within this period typically results in the loss of the right to seek compensation .

Property Damage Claims: For damage to property caused by a defective product, you generally have three years to file a claim . This is separate from personal injury claims and may have different deadlines.

Where We Serve: All Major California Cities and Regions

We represent product liability victims throughout the Golden State. Our firm has experience handling cases in every major region. Consequently, we understand local courts, jury pools, and legal procedures statewide.

Los Angeles County: From downtown to the San Fernando Valley, we represent consumers across LA County. Whether your injury involved a defective vehicle, household appliance, or medical device, our team understands local procedures at the Stanley Mosk Courthouse.

San Diego County: Our home base at 4501 Mission Bay Dr, Ste 3C puts us minutes from the San Diego Superior Court. We serve clients throughout San Diego County, including Chula Vista, Oceanside, Escondido, and La Jolla.

Orange County: We represent product liability victims in Santa Ana, Anaheim, Irvine, and Huntington Beach. Our attorneys are familiar with the Central Justice Center in Santa Ana.

Riverside and San Bernardino: The Inland Empire has a growing consumer base. We serve clients in Riverside, San Bernardino, Ontario, Rancho Cucamonga, and Temecula.

Ventura and Santa Barbara: From Oxnard to Santa Barbara, we handle product liability cases along the Central Coast. We understand local courts in Ventura, Thousand Oaks, Simi Valley, and Santa Barbara.

Sacramento County: California’s capital city requires knowledge of state and local procedures. We represent consumers in Sacramento, Elk Grove, Folsom, and Roseville. Furthermore, we understand the Sacramento Superior Court.

Fresno County: The heart of the Central Valley presents unique challenges. We serve clients in Fresno, Clovis, Madera, and surrounding communities.

Kern County: Bakersfield and surrounding areas require dedicated representation. We help product liability victims throughout Kern County navigate the claims process.

San Joaquin Valley: Stockton, Modesto, Tracy, and Lodi have active consumer communities. We represent victims throughout the northern San Joaquin Valley.

Tulare County: We serve victims in Visalia, Tulare, Hanford, and surrounding agricultural communities.

San Francisco: The Bay Area has sophisticated consumers and complex product markets. We represent victims in San Francisco and Daly City. We understand the San Francisco Superior Court at the Civic Center Courthouse.

East Bay: Oakland, Berkeley, Hayward, and Fremont have active consumer advocacy communities. We represent victims throughout the East Bay.

Santa Clara County: San Jose, Sunnyvale, Santa Clara, and Palo Alto require sophisticated representation for high-tech product cases.

North Bay: Santa Rosa, Petaluma, Napa, and Sonoma County see consumer product injuries. We represent victims throughout the North Bay.

Far Northern California: Redding and Shasta County present unique challenges with access to legal resources. We travel to serve clients throughout the northernmost regions.

Santa Barbara: The American Riviera has active consumer communities. We represent victims in Santa Barbara, Goleta, and Carpinteria.

Central Coast: Monterey, Santa Cruz, Salinas, and Watsonville have growing consumer markets. We understand local courts and procedures.

North Coast: Eureka and Humboldt County present challenges with remote locations. We travel to serve clients throughout Humboldt and Del Norte counties.

Types of Product Defects Under California Law

California recognizes three primary types of product defects. Understanding these categories helps evaluate your case.

Design Defects

A design defect exists when a product’s design is inherently unsafe, even if manufactured perfectly according to specifications . The product may function as intended, but the design itself creates unreasonable danger. For example, a vehicle with a fuel tank positioned where it’s likely to rupture in rear-end collisions may have a design defect.

In design defect cases, you must show that the product failed to perform as safely as an ordinary consumer would expect, or that the risks of the design outweigh its benefits . Expert testimony is often essential to establish these elements.

Manufacturing Defects

Manufacturing defects occur during the production or assembly process . These defects cause a product to deviate from its intended design and from other identical units, making it more dangerous . For example, a batch of medications contaminated during manufacturing would involve a manufacturing defect.

These cases are often easier to prove because you can compare the defective product to others from the same production line. If other units worked correctly, the deviation suggests a manufacturing error.

Failure to Warn (Marketing Defects)

Failure to warn claims arise when a product lacks adequate instructions or warnings about its risks . Under California’s strict liability framework, you must show that the lack of warnings made the product dangerous, and this contributed to your injury . Prescription medications, industrial equipment, and household chemicals are common sources of these claims.

Manufacturers have a continuing duty to warn of risks discovered after the product is sold. They must also ensure warnings are provided in languages understood by the target consumers.

What You Must Prove in a Product Liability Case

Each type of product liability claim requires proof of slightly different elements. In general, however, to prevail on a claim for product liability in California, you must prove four things :

  • That the defendant designed, manufactured, distributed, or sold a defective product
  • That the product contained the defect when it left the defendant’s possession
  • That you used the product in a reasonably foreseeable manner
  • That you suffered harm as a result of the defect

Powerful evidence at trial includes showing “other similar incidents” where other people were injured by the same or similar products . The power of similarity can help establish there is something wrong with the product and may win the power of persuasion with the jury.

The Role of Expert Witnesses

Expert testimony is often essential in product liability cases . Experts in engineering, materials science, warnings and safety, human factors, and medicine can explain technical concepts to the jury. They can establish that a defect existed and show how it caused your injury .

Experts are also very expensive. Consequently, you want to be sure the one selected has experience testifying in addition to being knowledgeable about the type of defect . Our firm has relationships with numerous excellent experts developed over decades of practice.

Potential Defendants in Product Liability Cases

Under California law, multiple parties in the chain of distribution may be liable for damages caused by a defective product .

  • Manufacturers: The primary party responsible for creating the product
  • Distributors: Companies that handled the product in the supply chain
  • Retailers: The business that sold you the product
  • Suppliers: Companies that provided component parts
  • Installers: Parties who installed the product improperly
  • Wholesalers: Middlemen in the distribution chain

All these parties could be liable under California’s strict liability framework.

Consumer Protection Laws and Class Actions

California has enacted several specific statutes that provide additional protections against product defects .

The Song-Beverly Consumer Warranty Act: Often referred to in the context of the “Lemon Law,” it provides protections for consumers who purchase new vehicles that turn out to be defective .

The Magnuson-Moss Warranty Act: A federal law that applies nationwide, providing consumers with protections against breaches of warranty .

Class Action Lawsuits: When many consumers are injured by the same defective product, a class action may be appropriate . Certification as a class can enable litigation to proceed more expeditiously and cost-effectively, particularly in cases against large corporations . Because they lower the cost of legal claims, class actions may provide the only means for some plaintiffs to pursue their cases.

Defenses in Product Liability Cases

Defendants may raise various defenses to product liability claims . These include:

  • The defendant was not the one who designed, manufactured, distributed, or sold the product
  • The product was not defective
  • The product was not defective at the time it left the defendant’s possession
  • Someone else altered or repaired the product negligently
  • You used the product in a way that was not reasonably foreseeable
  • You did not prove any injuries
  • Something else caused your injuries
  • Your own negligence caused the injuries

Under California’s comparative fault law, the jury can allocate liability between you, the defendant, and even third parties, thereby reducing your recovery .

Reasonably Foreseeable Use

California law requires manufacturers to anticipate how the average consumer will use—and even misuse—a product . If the way a consumer uses or misuses the product was reasonably foreseeable, and such use or misuse injures you, the defendant will be held strictly liable .

This does not necessarily mean the manufacturer must completely eliminate a danger. Many useful, everyday products are inherently dangerous when misused. However, manufacturers must take reasonable precautions to minimize the harm that may result from them. This can involve designing the product safely, inspecting it, or issuing adequate warnings about its dangers .

It is up to a jury to determine whether the defendant took reasonable precautions and whether your use was reasonably foreseeable .

Damages Available in Product Liability Cases

Understanding what compensation you can recover helps set expectations.

Economic Damages

Medical Expenses: You can recover costs for immediate medical care, ongoing treatment, rehabilitation services, and any future medical needs related to the injury caused by the defective product .

Lost Wages and Earnings: If the injury prevents you from working, you can claim compensation for lost wages. This includes past and future earnings lost due to the inability to work or diminished earning capacity resulting from the injury .

Property Damage: Compensation for property damage includes the cost of repairing or replacing property that was damaged or destroyed due to the defective product . This could range from personal belongings to the product itself.

Noneconomic Damages

Pain and Suffering: Physical discomfort and limitations are compensable. This includes compensation for physical pain, anxiety, depression, physical impairment, disfigurement, and other intangible losses .

Emotional Distress: The psychological impact of a serious injury can be devastating. California law recognizes this harm and allows compensation.

Loss of Enjoyment of Life: Injuries may limit hobbies, travel, and daily activities. These losses are compensable.

Punitive Damages

In some cases, if the manufacturer acted with gross negligence or malice, you may be able to recover punitive damages . These are intended to punish egregious conduct and deter future misconduct . Punitive damages are not available in every case but can significantly increase recovery when warranted.

Immediate Steps to Take After an Injury

If you’ve been injured due to a defective product, the steps you take immediately following the incident can have an impact on your eventual claim .

Seek Medical Attention Immediately: You should always prioritize your health and safety. Additionally, the medical records produced during your care can be used as evidence in your claim .

Preserve the Product: Do not dispose of or attempt to fix the defective product . You may need it as evidence. Store it safely where it won’t be altered or damaged.

Document Everything: Take photos of the product, surroundings, and your injuries before you get them treated . Write down all the details of what happened while they’re still clear. Keep any correspondence with doctors or the company.

Check for Recalls: To find out if the product has been recalled, check the Consumer Product Safety Commission (CPSC) website , where recall information is posted . The product manufacturer’s website may also list recalls.

Contact an Attorney Promptly: Evidence disappears quickly. Witness memories fade. Statutes of limitations run. The sooner you act, the stronger your case.

How to Initiate Your Claim

Once you’ve sought medical care and documented the incident, it’s time to consult a product liability attorney . An experienced attorney can evaluate the particulars of your case and let you know whether you have the basis for a solid claim.

Determine Liability: Sometimes, it’s not clear which party is liable in a product liability claim. The manufacturer is often to blame, but the retailer or distributor may also be held liable in some circumstances .

File Paperwork: California places strict statutes of limitations on filing product liability claims . Be sure to start the process of completing and filing your paperwork as quickly as possible to avoid running up against those deadlines .

Engage in Discovery: Both sides have to exchange relevant information and evidence during a process known as discovery . You can make requests for documents, interrogatories, and depositions of any parties involved, including witnesses.

Evaluate Evidence: Bring all the evidence you collected in the initial stages to your attorney for evaluation . They may want to see your medical records, the product itself, and any correspondence with the product manufacturer or retailer.

Determine Damages: You’re probably aware that you can be compensated for medical bills and lost wages. However, your attorney may be able to identify potential damages that you might otherwise overlook .

Settlement Negotiations and Trial

Settlement Negotiations: Courtroom trials are expensive and can take a long time to complete. Consequently, claimants generally prefer to settle claims outside of court . This process involves ongoing settlement negotiations, which your lawyer can often perform on your behalf . Your lawyer can use all the evidence you gathered to build a case for what damages you should be awarded and how much they are worth .

What Happens if My Case Goes to Trial: In some cases, claimants are unable to come to a settlement agreement, and the case must go to trial . When that happens, your attorney can present your case before a judge and jury, and the opposing party can present their defense . The jury or judge then determines liability and renders a verdict.

Product Liability Statistics

Understanding the scope of defective product injuries helps victims appreciate the importance of legal representation.

Emergency Room Visits: Roughly 12.7 million people in 2022 were treated in emergency rooms across the country for injuries related to consumer products . Most involved everyday products people assumed were safe.

Case Filings: In 2024, personal injury and product liability case filings increased by 78% .

Settlement Ranges: The range of compensation packages awarded was significant, with some as low as $840 and others as high as almost $374 million . The average payout in 2020 was $2,448,978 .

These claimants didn’t get the compensation they deserved alone. They worked with product liability lawyers who were able to identify all potential damages and utilize their knowledge to fight for better compensation from the insurance companies.

Frequently Asked Questions

How much does a California product liability lawyer cost? We work on a contingency fee basis. You pay nothing upfront. We only get paid if we win your case. Fees are calculated as a percentage of your recovery. We explain our fee structure clearly in writing.

How long do I have to file a product liability lawsuit in California? You generally have two years from the date of injury under Code of Civil Procedure § 335.1 . For property damage claims, you have three years . If the injury isn’t immediately apparent, you may have only one year from its discovery to file your claim . Contact us immediately to protect your rights.

What is the product liability law in California? California applies strict liability in product defect cases . You don’t need to prove negligence; you only need to show that the product was defective and caused your injury . Liability is determined by the product’s condition rather than the seller’s fault .

Who can be held liable for my defective product injury? Potentially liable parties include the manufacturer, distributor, supplier, retailer, installer, and wholesaler . Under California law, all these parties could be liable for damages caused by a defective product.

What types of product defects does California recognize? California recognizes three primary types: design defects (inherently unsafe design), manufacturing defects (errors during production), and failure to warn (inadequate instructions or warnings) .

What compensation can I recover in a product liability case? You may recover economic damages like medical expenses and lost wages, non-economic damages like pain and suffering, and in some cases, punitive damages if the manufacturer acted with gross negligence or malice .

Do I need an expert witness for my product liability case? Expert testimony is often very helpful, especially in complex cases involving technical product issues . Experts can establish that the defect exists and explain how it caused your injury . Our firm has relationships with numerous excellent experts.

Contact Your California Product Liability Lawyer Today

Do not wait another day to protect your rights. Defective products can be destroyed or altered. Evidence disappears quickly. Witness memories fade. Statutes of limitations run. The sooner you act, the stronger your case.

At Leeran S. Barzilai, A Prof. Law Corp. , we represent product liability victims throughout California. We offer free consultations. We handle cases on a contingency basis. You pay nothing unless we win. Our experienced team understands the complex regulations governing product safety and is ready to fight for you.

Call 619-436-7544 or email info@lbatlaw.com to schedule your free consultation. Visit https://lbatlaw.com/ for more information. Our office is conveniently located in San Diego. We represent clients statewide. We are ready to fight for you, no matter where you are.