When a product fails and someone gets hurt, the company that made or sold it may have to pay, even if it did not mean to cause harm. A product liability lawyer can identify the defect, find every company in the chain of sale, and pursue compensation for your injuries. Abramson Labor Group represents people hurt by defective vehicles, vehicle parts, machinery, tools, and consumer products across California. Our case reviews are free and confidential, and we work on contingency.
California applies strict liability to defective products. In Greenman v. Yuba Power Products, Inc. (1963), the California Supreme Court held: “A manufacturer is strictly liable in tort when an article he places on the market, knowing that it is to be used without inspection for defects, proves to have a defect that causes injury to a human being.”
Strict liability means you do not have to prove the company was careless. You still need to show the product had a defect and that the defect caused your injury.
Most product cases fall into one of three types.
| Type of defect | What it means | Example |
|---|---|---|
| Manufacturing defect | The product differs from the maker’s own design because something went wrong in production | A brake part made with a crack |
| Design defect | The design itself is unsafe, even when built as intended | A ladder that tips under normal use |
| Failure to warn | The product lacks adequate warnings or instructions about a known or knowable risk | A chemical sold without a warning about a serious health risk |
In Barker v. Lull Engineering Co. (1978), the court set two alternative tests. A design is defective if “the product failed to perform as safely as an ordinary consumer would expect” when used in an intended or reasonably foreseeable way. Or, once the injured person shows the design caused the injury, the burden shifts to the manufacturer to prove “the benefits of the challenged design outweigh the risk of danger inherent in such design.”
A manufacturer can be strictly liable for failing to warn of risks that were “known or knowable in light of the generally recognized and prevailing best scientific and medical knowledge” at the time (Anderson v. Owens-Corning Fiberglas Corp. (1991)).
Responsibility can reach beyond the manufacturer. In Vandermark v. Ford Motor Co. (1964), the court held a car dealer “strictly liable in tort for personal injuries caused by defects in cars sold by it.”
Depending on the case, the parties may include the following.
Product cases can involve vehicles and vehicle parts like brakes, tires, and airbags, as well as industrial machinery, power tools, ladders, and household products. A defective part can turn an ordinary crash into a serious one. See our pages on car accidents, truck accidents, and motorcycle accidents.
Workers’ compensation covers job injuries, but it is not your only option when a defective product caused the harm. Your workers’ comp claim “does not affect” your right to recover damages from someone other than your employer, such as the machine’s manufacturer (Labor Code section 3852). If your injury is lasting, learn about permanent disability benefits too.
You generally have 2 years to file a lawsuit for an injury or a death (Code of Civil Procedure section 335.1). For a child, the time before the child turns 18 generally does not count toward that deadline (Code of Civil Procedure section 352).
The product itself is the key evidence. Keep it, the packaging, the manual, and your receipt, and do not repair or throw anything away. If you were hurt, consider speaking with a product liability lawyer early.
California law measures damages as “the amount which will compensate for all the detriment proximately caused” by the wrongful conduct (Civil Code section 3333). That can include medical bills, future care, lost wages, and pain and suffering. Defective products can cause severe harm, including brain injuries. When a defect takes a life, certain family members can bring a wrongful death claim. Read who can file a wrongful death claim in California.
See all of our practice areas, or read our personal injury FAQ.
We represent people hurt by defective products in Los Angeles, Burbank, Glendale, Pasadena, and throughout California from our Burbank office.
We work on contingency, so you do not pay anything unless we win. The case evaluation is free. Our fee is a share of any recovery, and if there is no recovery, you owe no attorney fees.
Not in a strict liability claim. A manufacturer is strictly liable when a product “proves to have a defect that causes injury to a human being” (Greenman). You still need to show the defect and that it caused your injury.
Often, yes. Retailers in the chain of sale can be strictly liable for defects in products they sell (Vandermark v. Ford Motor Co.).
Keep it in the condition it was in after the injury. Do not fix it, return it, or throw it away. Keep the packaging, manual, and receipt, and take photos.
If a defective product hurt you or a family member, we can review what happened and explain your options. Request your free case evaluation or call us at (213) 493-6300.
You do not pay ANYTHING unless we win!
Last updated: October 2026
This page is general information about California law, not legal advice. Every situation is different. For advice about your specific case, talk to a licensed California attorney.
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