Product Liability Attorney
At Benji Personal Injury Law, we fight for victims injured by dangerous products. We investigate how the product failed, identify who is liable in the chain of distribution, and aggressively pursue full compensation on your behalf.
Expert Product Liability Personal Injury Attorneys
Defective consumer products cause thousands of injuries every year. Whether it’s a household appliance, auto part, medical device, or electronic gadget, a malfunction can lead to serious harm. Our California product liability attorneys represent individuals who have suffered injuries due to faulty design, manufacturing errors, or lack of proper safety warnings.
Verdict
Personal Injury Attorneys For Product Liability Cases in California
Written by Daniel Benji, Esq. head attorney of Benji Personal Injury Accident Attorneys A.P.C.
“At Benji Personal Injury, we make sure big manufacturers don’t get away with putting unsafe products on the market.”
- Common Types of Defective Products
- The Three Categories of Product Defects
- Determining Liability in a Product Defect Case
- California’s Strict Liability Rules for Defective Products
- Statute of Limitations for Product Liability Lawsuits in California
- Evidence Needed to Prove a Product Liability Claim
- Damages You Can Recover in a Product Liability Lawsuit
- Why You Need an Experienced California Product Liability Attorney
- Start Your Product Liability Claim Today
Product liability refers to the legal responsibility of manufacturers, distributors, and retailers when a defective product causes injury, illness, or death. California law holds these parties accountable if their products are unsafe or fail to meet reasonable safety expectations.
California applies strict liability to most defective product cases. This means you do not need to prove that the manufacturer was negligent, only that the product was defective and caused harm during intended or foreseeable use.
Injuries from consumer products can happen in many ways. Some of the most common defective product categories in California include:
- Automobile parts: Faulty brakes, airbags, tires, and steering components
- Household appliances: Fire hazards from defective wiring or overheating units
- Medical devices: Dangerous implants, surgical tools, or diagnostic equipment
- Pharmaceuticals: Prescription or over-the-counter medications with harmful side effects
- Children’s products: Toys or furniture that pose choking or tipping risks
- Electronics and batteries: Risk of fire or explosion due to poor design
Under California law, a product may be defective in one or more of the following ways:
A manufacturing defect occurs when a product deviates from its intended design due to an error during assembly or production. Even if the design is safe, a mistake at the factory can make a product hazardous. Example: A power tool with a missing safety guard or a car with a misaligned brake system.
This occurs when the product’s intended design is inherently dangerous, even when manufactured correctly. The flaw must make the product unreasonably dangerous for its intended use. Example: A child’s toy with detachable small parts or a ladder that becomes unstable under normal use.
Manufacturers must provide clear instructions and warnings about how to use the product safely. If the product lacks adequate safety warnings or usage guidelines, it may be considered defective. Example: A medication sold without warnings about known interactions or side effects.
A defective product may involve multiple liable parties, including:
- Manufacturers: The company that made the product or its components
- Designers or engineers: Those responsible for the product’s blueprint or structure
- Distributors and suppliers: Those involved in transporting or packaging the item
- Retailers or sellers: Stores or online platforms that sold the product to consumers
Liability can apply at any point in the chain of commerce, and California law allows injured consumers to bring claims against all responsible parties.
In most product liability cases, California applies the doctrine of strict liability. This legal standard removes the burden of proving negligence. Instead, you must show:
- The product was defective
- You used the product as intended or in a reasonably foreseeable way
- The defect directly caused your injury
Even if the manufacturer exercised reasonable care, they may still be held liable if the product was defective and caused harm.
Establish that the product contained a defect that made it unreasonably dangerous for its intended use. This can include design defects, manufacturing defects, or inadequate warnings or instructions.
Demonstrate that you were using the product for its intended purpose or in a manner that was reasonably foreseeable by the manufacturer. Unusual or unforeseeable misuse may limit liability.
Prove that the product defect was the direct and proximate cause of your injury or damages. There must be a clear causal connection between the defect and the harm you suffered.
It is crucial to act within the legal deadlines. In California, you generally have:
- 2 years from the date of injury to file a personal injury claim
- 2 years from the date of death for a wrongful death claim involving a defective product
- 3 years for property damage caused by a defective product
If your case involves a government entity, such as a product supplied by a public agency, you must file an administrative claim within 6 months.
From Date of Injury
From Date of Death
From Date of Damage
From Date of Injury or Death
To succeed in your case, your legal team will need to gather and preserve critical evidence, such as:
- The product itself: Retain the item if it is safe to do so
- Photos and videos: Of the product, injuries, packaging, or accident scene
- Medical records: Documenting treatment, diagnoses, and long-term effects
- Purchase records or receipts: Proving you owned or used the product
- Witness statements: Testimony from those who saw the injury or can explain product use
- Expert analysis: Product engineers, medical professionals, or safety experts
Your attorney will work with investigators and experts to determine where the defect occurred and who is responsible.
A successful claim can help you recover both economic and non-economic damages:
Economic damages:
- Medical bills and future medical care
- Lost wages and reduced earning potential
- Property damage
Non-economic damages:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
In rare cases, you may also be awarded punitive damages if the manufacturer’s conduct was especially reckless or deceptive.
Product manufacturers and their insurers will do everything they can to avoid liability. They may claim you used the product incorrectly or that your injuries were unrelated. You need a legal team with experience handling complex product claims and access to resources to investigate thoroughly.
At Benji Personal Injury Law, we:
- Investigate and build your case with engineering and medical experts
- Identify all potentially liable parties
- Handle all insurance negotiations and legal filings
- Represent you aggressively in court, if necessary
We are committed to helping Californians injured by unsafe products secure justice and compensation.
No Fees Unless We Win
We offer free consultations and take all product liability cases on a contingency fee basis. This means:
- No upfront fees
- No out-of-pocket costs
- You only pay if we win compensation for you
If you or a loved one has been injured by a defective product in California, do not wait. Contact Benji Personal Injury Law for a free consultation. We serve clients across the entire state and are available 24/7 to help you understand your rights and begin your path toward justice.
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