H Law GroupPersonal Injury

Product Liability & Personal Injury

When a defective product causes serious harm, the manufacturer answers for it.

The personal injury division of The H Law Group represents people across California who were injured by dangerous products, negligent drivers and unsafe property. We handle the investigation, the engineering questions and the insurance company so you can focus on recovering.

  • No fee unless we recover
  • Free case evaluation
  • Hablamos Español

What makes a product legally defective

Three ways a company can be held responsible

Product cases run on strict liability. That means an injured person generally does not have to prove the manufacturer was careless. What has to be shown is that the product was defective and that the defect caused the harm. Defects fall into three recognized categories.

Manufacturing defect
The product was designed safely, but something went wrong in production or assembly, so the item that reached you differed from the intended design. A single mis-welded bracket, a contaminated batch of medication or one improperly crimped battery cell can be enough.
Design defect
Every unit is built exactly as intended, and the design itself is the danger. This is where California law gives injured consumers two independent routes to prove liability.
Failure to warn
Also called a marketing defect. The product carried a known risk that reasonable instructions or warnings could have addressed, and the company sold it without adequate warning of that risk or of foreseeable misuse.

California’s two-prong design-defect test

Under Barker v. Lull Engineering Co., a design defect can be established two different ways, and either one is enough:

  • The consumer-expectations prong. The product failed to perform as safely as an ordinary consumer would expect when using it in an intended or reasonably foreseeable way.
  • The risk-benefit prong. The risk of danger inherent in the design outweighs its benefits. Once a claimant shows the design caused the injury, the burden shifts to the manufacturer to justify the design it chose.

Which theory fits your situation depends on the product and the evidence. That analysis is part of what a free case evaluation is for.

Working with us

What happens after you call

No fee unless we recover compensation for you. In some matters a client may still be responsible for case costs and expenses, and we will explain exactly how that works before you decide to hire us.

  1. Step 1

    Free case evaluation

    Tell us what happened by phone, video or through our form. We listen, answer your questions, and tell you honestly whether we think there is a claim worth pursuing.

  2. Step 2

    Preserve the evidence

    In a product case the product itself is the most important exhibit. We move quickly to secure it, request recall and complaint histories, and bring in engineering or medical experts where the facts call for it.

  3. Step 3

    Build and file the claim

    We identify every party in the chain of distribution, including the manufacturer, component supplier, distributor and retailer. We document your medical care and losses, then present the claim to the insurers or file suit.

  4. Step 4

    Negotiate or litigate

    We pursue resolution through negotiation where that serves you, and we prepare the case for trial throughout. You decide whether to accept any offer; that decision is always yours.

Why clients call us

A firm built for the hardest cases

Product cases are technical, and we treat them that way

Defective product claims turn on engineering, recall history and testing records, not just medical bills. We build cases around the product itself and work with the right experts to explain how it failed.

We follow the whole chain of distribution

The company whose name is on the box is not always the only one responsible. Component manufacturers, assemblers, importers, distributors and retailers can each bear liability, and we look at all of them.

Contingency representation

No fee unless we recover compensation for you. In some matters a client may still be responsible for case costs and expenses, and we will explain exactly how that works before you decide to hire us.

Service in English and Spanish

You should never have to explain the worst day of your life in a language you are not comfortable in. Hablamos Español.

Serving clients throughout California

We take cases across California. Initial consultations can be handled by phone or video, so you do not have to travel while you are recovering.

You stay in control

We explain your options in plain language, keep you current on your case, and never settle without your approval. The decisions are yours to make.

California filing deadlines

Injury claims expire. Once a deadline passes, an otherwise strong case can be lost permanently, so it is worth finding out early where you stand.

Personal injury and product liability
Generally two years from the date of injury, under California Code of Civil Procedure § 335.1. In some product cases the clock runs from when the injury and its cause were discovered rather than from the incident itself.
Wrongful death
Generally two years from the date of death, not from the date of the underlying incident.
Claims involving a government entity
A written administrative claim is usually required within six months, long before any lawsuit. Missing it can end the case outright.
Injured children
A minor’s claim is generally tolled until they turn 18 under Code of Civil Procedure § 352, which can extend the deadline substantially.

Exceptions apply. Deadlines shift depending on who is responsible, when the injury was discovered, and who was hurt. Nothing here is legal advice about your situation. Talk to us before you assume it is too late, and before you assume you have time.

Answers

Frequently asked questions

Nothing. The case evaluation is free and there is no obligation to hire us afterward. If we do take your case, we work on a contingency fee, which means our fee comes out of a recovery rather than out of your pocket up front.

Find out where you stand, at no cost

A conversation costs you nothing and there is no obligation. No fee unless we recover compensation for you. In some matters a client may still be responsible for case costs and expenses, and we will explain exactly how that works before you decide to hire us.

What compensation may be available

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