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
Practice areas
Cases we handle
Product liability is the concentration of this division, and we handle the full range of serious personal injury claims across California.
Defective Auto Parts
A ruptured airbag inflator, a tire that loses its tread at freeway speed or a seatbelt that releases on impact turns a survivable crash into a catastrophic one.
Learn moreDefective Medical Devices
Patients accept the ordinary risks of surgery. They do not accept an implant that corrodes, migrates or fractures because its maker never adequately warned anyone of the risk.
Learn moreDangerous Drugs
Most drug cases are not about a medication that failed to work. They are about a serious risk the manufacturer knew of and left off the label.
Learn moreLithium Battery Fires and Explosions
A lithium cell that goes into thermal runaway can vent, ignite and reignite in seconds, often while charging indoors, overnight, next to where someone is sleeping.
Learn moreDangerous Children’s Products
Parents follow the instructions on the box. When a nursery product, toy or car seat still injures a child, the design or the warning was the problem.
Learn moreCar Accidents
After a serious crash the insurance company starts building its file immediately. You should have someone building yours.
Learn more
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.
- 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.
- 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.
- 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.
- 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.
Statewide
6 offices across California
We take cases throughout California. If travel is difficult while you are recovering, the first conversation can happen by phone or video instead.
- Los Angeles714 W Olympic Blvd, Suite 803Los Angeles, CA 90015
- San Diego600 W Broadway, Suite 700San Diego, CA 92101
- Temecula41593 Winchester Rd, Suite 200Temecula, CA 92590
- San Jose333 W San Carlos StSan Jose, CA 95110
- Irvine2030 Main St, Suite 1300Irvine, CA 92614
- Santa Barbara1117 State StSanta Barbara, CA 93101
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
Resources
Understanding your claim
Plain-English explanations of how California injury and product liability claims actually work.
California Law
California Filing Deadlines for Injury Claims
California gives most injury victims two years to file a lawsuit, but the clock does not always start when you think, and some deadlines are much shorter.
5 min read
California Law
Strict Liability: Why Negligence Is Not Required
California adopted strict liability for defective products more than sixty years ago. It remains one of the most important protections for injured consumers.
5 min read
Legal Process
Preserving Evidence After a Product Injury
In a product liability case, the product is the evidence. What you do with it in the days after an injury can determine whether a claim is possible.
4 min read
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.