The short answer
Victims injured by defective products in California can recover compensation from the manufacturer under strict liability. You generally have two years to file (CCP § 335.1). Preserve the product and packaging, seek medical care, and consult a lawyer promptly.
Every day, people in Los Angeles rely on products they cannot inspect: the airbags in their cars, the e-bike batteries charging in their apartments, the pressure cookers in their kitchens, and the power tools on their job sites. When one of those products fails, the injuries can be sudden and severe, including burns, amputations, crush injuries, and head trauma.
California has some of the strongest product liability law in the country. Since the California Supreme Court's decision in Greenman v. Yuba Power Products, manufacturers can be held strictly liable when a defective product causes injury. That means you generally do not need to prove the company was careless, only that the product was defective and that the defect caused your harm. Retailers and distributors in the chain of distribution may also be responsible.
Strict liability does not make these cases easy. Manufacturers have engineers, testing data, and experienced defense counsel ready to argue that you misused the product, altered it, or ignored a warning. Our founding attorney has fought insurers for injured Californians since 2002. We work to secure the product and the facts before the defense can shape them.
Consultations are free and confidential, and you pay no attorney's fee unless we recover compensation for you. If a product injured you or a family member, keep the product, do not attempt repairs, and contact us promptly.
From the other side of the table
How the defense sees your claim
They blame misuse
The most common defense is that you used the product in an unintended way. California law asks whether the use was reasonably foreseeable, and manufacturers must design for foreseeable misuse. We document how the product was actually being used and how similar products are used in the real world.
They want the product back
Manufacturers and insurers often ask to take the failed product for inspection. Once it leaves your hands, you may lose control of the most important evidence. We keep the product in secure storage and arrange joint, documented testing.
They hide behind the warning label
Defendants argue a warning buried in the manual was enough. We analyze whether the warning was clear, conspicuous, and actually communicated the risk, and whether a safer design would have been better than a warning.
They say it was one bad unit
Defendants may concede a flaw but argue it was isolated. We look at recalls, complaint databases, and similar incidents to determine whether the problem reflects a broader design issue.
Why it happens
Common causes
Lithium-ion battery fires
E-bikes, scooters, hoverboards, and power banks have been involved in fires that damage homes and cause serious burns. Defective cells, poor battery management systems, and incompatible chargers are frequent issues.
Vehicle and auto part defects
Faulty airbags, seatbelts, tires, brakes, and roof structures can turn a survivable crash into a catastrophic one. These cases often run alongside a traditional auto accident claim.
Household appliances
Pressure cookers, space heaters, dryers, and furniture that can tip over have been linked to burns, fires, and crush injuries.
Power tools and machinery
Missing guards, defective safety switches, and poorly designed controls can cause amputations and lacerations at home and at work.
Children's products
Cribs, car seats, toys with small parts or magnets, and infant sleepers can present serious risks to young children.
Medical devices and drugs
Implants, surgical devices, and medications can cause harm when they are defectively designed or made, or when the risks are not adequately disclosed.
What we see
Injuries we handle
What you may recover
Compensation in a California claim
Medical expenses
Past and future medical care, including surgeries, burn treatment, prosthetics, rehabilitation, and in-home care.
Lost income and earning capacity
Wages lost during recovery and the reduced ability to work in the future.
Pain, suffering, and disfigurement
Compensation for physical pain, emotional distress, scarring, and loss of enjoyment of life.
Property damage
The cost of repairing or replacing a home, vehicle, or belongings damaged by a product failure such as a fire.
Punitive damages
Where a manufacturer knowingly disregarded a serious safety risk, California law may allow punitive damages if proven by clear and convincing evidence.
The rules that apply
California law you should know
Strict liability for defective products
A manufacturer is strictly liable in tort when a product it places on the market, knowing it will be used without inspection for defects, has a defect that causes injury.
Greenman v. Yuba Power Products (1963) 59 Cal.2d 57
Two tests for design defects
A design may be defective if it failed to perform as safely as an ordinary consumer would expect, or if the risks of the design outweigh its benefits. Under the second test, the burden shifts to the manufacturer to justify the design.
Barker v. Lull Engineering Co. (1978) 20 Cal.3d 413
Retailer liability
Retailers and others in the chain of distribution can be held strictly liable along with the manufacturer.
Vandermark v. Ford Motor Co. (1964) 61 Cal.2d 256
Filing deadline
Personal injury claims generally must be filed within two years of the injury, although the discovery rule and other exceptions may affect timing.
Code Civ. Proc. § 335.1
General information, not legal advice. Deadlines and rules depend on the facts of your case, so talk to an attorney promptly.
Right now
Protect your claim
Evidence to gather
- The product itself, unaltered and stored safely
- Packaging, manuals, warning labels, and accessories
- Receipts, order confirmations, or proof of purchase
- Photos and video of the product, the scene, and your injuries
- Chargers, batteries, or other parts used with the product
- Names of witnesses
- Medical records and bills
- Any recall notices or correspondence with the manufacturer
Mistakes insurers count on
- Throwing away, repairing, or returning the product
- Giving the product to the manufacturer or its insurer for testing
- Giving a recorded statement to a manufacturer's claims representative
- Assuming you have no case because you did not read the warning
- Waiting until after a fire scene has been cleaned out to call a lawyer
Step by step
How we handle your case
- 1
Secure the product
We take custody of the product and related components, document the chain of custody, and keep it out of the defense's hands.
- 2
Investigate the defect
We research recalls, federal complaint databases, and similar incidents, and work with qualified engineers where appropriate.
- 3
Identify every defendant
We trace the chain of distribution, from component suppliers and manufacturers to distributors, retailers, and online sellers.
- 4
Document your damages
We gather medical records, wage information, and evidence of property loss to support a complete valuation of your claim.
- 5
Negotiate or litigate
We present your claim to insurers and, when a fair offer is not made, file suit and prepare the case for trial.
From the Case Vault
Related results
Past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own facts.
Straight answers
Frequently asked questions
Generally no. Under California's strict liability rule, you must show the product was defective and that the defect caused your injury. You do not have to prove the company was careless. You may also bring negligence and warranty claims in some cases, which can be useful depending on the facts.
Civil Rights & Emerging Harms
