“Product Liability” in California – A Legal Guide

Under California product liability law, someone who designs, manufactures or sells a defective product is strictly liable for injuries caused by that product, even when that person or company was not necessarily negligent in causing the injury.

In California, strict liability can be imposed for three types of product defects:

• Manufacturing defects,
• Design defects, and
• “Warning defects” (inadequate warnings). ^{1 2}

We discuss each specific type of California product liability case in the articles linked to above.

And to help you better understand how to prevail in a product liability lawsuit, our California personal injury lawyers discuss:

• 1. Elements product liability
• 2. Strict liability
• 3. Reasonably foreseeable
• 4. Common defenses

1. Elements of product liability

Each type of products liability claim requires proof of slightly different elements. In general, however, to prevail on a claim for product liability in California, you must prove four things:

1. That the defendant designed, manufactured, distributed or sold a defective product;
2. That the product contained the defect when it left the defendant’s possession;
3. That you used the product in a reasonably foreseeable manner; and
4. That you suffered harm as a result of the defect.

2. Strict liability

Usually, to be liable for your injuries, a defendant must have done (or failed to do) something with negligence, gross negligence, recklessness or the intent to cause harm. Though in rare circumstances, a defendant may be strictly liable for your injuries even when the defendant did nothing wrong.

Under California law, if a product is more dangerous than it should be – or it contains inadequate warnings – whoever designs, makes, or sells the defective product is strictly liable for any injuries that result when the product is used in a reasonably foreseeable way.

This includes food service companies that distribute contaminated food products. For a more detailed discussion, please visit our page on food poisoning lawsuits in California.

3. Reasonably forseeable

California law requires manufacturers to anticipate how the average consumer will use — and even misuse — a product.³ If the way a consumer uses or misuses the product was reasonably foreseeable and such use or misuse injures you, the defendant(s) will be held strictly liable.

This does not necessarily mean the manufacturer or designer must completely eliminate a danger. Many useful, everyday products are inherently dangerous when misused (or even when used).

People who make dangerous products must take reasonable precautions to minimize the harm that may result from them. Depending on the circumstances, this can involve designing or manufacturing a product, or simply inspecting the product or issuing adequate warnings about its dangers.

It is up to a jury to determine whether the defendant took reasonable precautions and whether your use was reasonably foreseeable.

4. Common defenses

Defenses to product liability lawsuits include (but are not limited to):

• The defendant was not the one who designed/manufactured/distributed/sold the product,
• The product was not defective,
• The product was not defective at the time it left the defendant’s possession,
• Someone else altered or repaired the product negligently,
• You used the product in a way that was not reasonably foreseeable,
• You did not prove any injuries,
• Something else caused your injuries, or
• Your negligence caused the injuries.

Alternatively, under California’s comparative fault law, the jury can allocate liability between you, the defendant and even third parties and thereby reduce your recovery.

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