Product Liability
Everyday products are supposed to be safe when used the ordinary way
Nobody inspects a space heater or a pressure cooker before using it. When an everyday product fails the ordinary way it is used, the injuries happen at home, to families.
About defective consumer products claims
California’s strict liability rules apply to ordinary consumer goods just as they do to complex machinery. A product can be defectively manufactured, defectively designed, or sold without adequate warnings and instructions. Under the design-defect analysis from Barker v. Lull Engineering, a plaintiff may show the product failed to perform as safely as an ordinary consumer would expect, or may shift the burden to the manufacturer to justify that the design’s benefits outweigh its risks.
The products we investigate include pressure cookers and appliances that release under pressure or ignite, space heaters and extension cords that overheat, furniture and televisions that tip over onto children, glass and ceramic that shatters in normal use, exercise and recreational equipment that collapses, hair and skin products that cause chemical burns, and household chemicals sold with inadequate hazard labeling.
Retailers matter in these cases. Everyone in the chain of distribution that placed the product on the market can be strictly liable, which is significant when the manufacturer is an overseas seller with no United States presence, a common situation with products bought through online marketplaces.
Common injuries
Injuries we see most often in these cases. Every claim is different, and this list is not exhaustive.
- Severe thermal, steam and chemical burns
- Crush and asphyxiation injuries from furniture and appliance tip-overs
- Lacerations and eye injuries from shattering or projectile failures
- Electrocution and electrical burns from faulty wiring or insulation
- Fractures and head injuries from structural collapse
- Smoke inhalation and property loss from product-caused house fires
Who can be held liable
Responsibility often extends well beyond the most obvious company. We look at every party in the chain.
- The manufacturer that designed and built the product
- The importer or United States distributor of a foreign-made product
- The retailer or online marketplace that sold it into the stream of commerce
- A private-label brand that put its name on another company’s product
- A component supplier whose part caused the failure
Evidence that matters
What we work to preserve and obtain early, because this proof tends to disappear with time.
- The product itself, together with packaging, manuals and receipts
- Consumer Product Safety Commission recall records and incident reports
- Fire department or investigator origin-and-cause reports
- The purchase trail, including online order history and serial or model numbers
- Engineering examination of the failed unit and comparable exemplar units
Do not wait on the deadline
California generally allows two years to bring a personal injury or product liability claim under Code of Civil Procedure § 335.1, and two years from the date of death in a wrongful death case. Shorter deadlines apply when a government entity is involved, and deadlines can be extended for injured children. Exceptions are fact-specific. Talk to us before you assume anything about your own timeline.
Answers
Defective Consumer Products: common questions
Injured by consumer products? Let us review it 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.