How Product Liability Claims Work in California

A tool broke apart in someone’s hands in the late 1950’s. That accident changed everything. Because of it, California, and later, almost every other state, stopped making injured people prove a company did something wrong before they could get help.

That case changed how product liability claims work in California. You’re not trying to show anyone was careless. You only need to show the product was defective, and that defect is what caused your injury. This simple shift changes nearly everything about these cases.

California was the first state to use a rule called strict product liability. It all started with Greenman v. Yuba Power Products in 1963. In that case, a power tool sent a piece of wood flying into a man’s head. The court decided that if a product hurts someone because it’s defective, the company that made it should pay. It doesn’t matter how careful the company says it was.

This rule still shapes every defective product injury claim in California today. You don’t have to prove the company cut corners or ignored problems. You just have to show the product was defective and that this defect caused your injury. That’s it. It makes things a lot simpler for injured people.

It’s not just the company that made the item. In Vandermark v. Ford Motor Co., a 1964 case, California’s top court said strict liability also covers stores that sell the product. The idea is simple. If you help put a defective product into someone’s hands, you can be held responsible.

At Blair & Ramirez LLP, this question comes up all the time. We have to figure out who sold, put together, shipped, or made the product. More than one company can get pulled into a case. Sometimes a store tries to say it’s only the manufacturer’s fault. But in California, that argument usually doesn’t work. The law is clear. If you’re in the chain, you might be on the hook.

There are a few ways something can go wrong. A manufacturing defect means just one product comes out the wrong way, even if the blueprint was fine. A design defect means every single product made this way could have the same problem. A failure-to-warn defect happens when there’s a real risk, but nobody told the buyer about it.

Each type of defect is judged a bit differently in court. But all of them are covered by the same strict liability product defect rules California started using back in the 1960s. If a product is unsafe for any of these reasons, that can be enough to win a case.

This part is where things get interesting. In Barker v. Lull Engineering Co., a case from 1978, California set out two ways to prove a design defect. You only need to win one.

First, the court asks if the product was less safe than a regular person would expect. That’s a simple question. If the answer is yes, that can be enough.

But there’s a second test. If you can show the design caused your injury, the company then has to prove its design was worth the risk. This flips the script. Now it’s the company’s job to defend how it built the product. You don’t have to argue with engineers or prove you know better. The company has to show why it made those choices.

Not quite, but it sure helps. A recall is strong proof that something was wrong with a product. In a product recall injury lawsuit, the recall often points right at the same problem that hurt you. Still, a recall by itself does not prove your injury came from that defect.

You still need clear proof. This can include medical records and the product itself. A product liability claim works the same way as any personal injury claim. The defect must link directly to what happened to you.

If a defective product hurt you, there are a few steps you can take that can make your case stronger. Keep the product just like it was after the injury. Don’t try to fix it or throw it away. Take photos from different angles before anything changes. Keep the box, instructions, and your receipt if you still have them. These things might seem small, but they can turn a shaky case into a solid one.

You don’t need a recall or any official report to start asking about your rights. Finding out where you stand costs nothing. It can help you figure out who might be responsible before evidence disappears or the product gets tossed out.

Most of the time, a defective product isn’t just one company’s fault.

If you want answers, you can always get a free case review. Sometimes, that’s the best first step.

Get a free case review.

• California changed the rules in 1963. You don’t have to prove a company was careless to win a case.
• The law covers more than just the maker of the product. Stores and distributors can also be held responsible.
• There are three main types of product defects. Sometimes a single item is made wrong. Sometimes the whole design is risky. Other times, no one warned about the danger.
• If you claim a design defect, the company might have to explain why its design was worth the risk.
• A product recall can help your case, but it isn’t enough by itself. You still have to show the defect that caused your injury.