Product Liability
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Elements of a Product Liability Claim in Los Angeles
Were you hurt by a product that should have been safe? This overview from the Wilshire Law Firm Team walks through the elements of a product liability claim so you know what to look for. Want a free case review, available 24/7, with no fees unless you get paid?

Product Liability
What does "product liability" actually mean when a product hurts someone?
Product liability generally refers to the legal responsibility a manufacturer, distributor, or seller may hold when a defective product injures a consumer. In California, many of these cases fall under strict liability, meaning an injured person often does not have to prove the company was careless, only that the product was defective and caused harm. This framework traces back to the landmark California case Greenman v. Yuba Power Products (1963), which helped establish strict product liability nationwide. Claims may also be brought under negligence or breach of warranty theories. If you are unsure which path fits your situation, a free case review with a legal professional can help clarify your options.
Defect Types
What kinds of product defects can lead to a claim?
Product defects generally fall into three recognized categories: design defects, manufacturing defects, and failure to warn. A design defect means the product is inherently unsafe even when made correctly, and California courts often evaluate it using the consumer expectations test or the risk-benefit test described in Barker v. Lull Engineering (1978). A manufacturing defect occurs when a product departs from its intended design because of an error during production. A failure-to-warn (or marketing) defect involves inadequate instructions or warnings about a product’s non-obvious risks. Identifying which defect applies is often a key early step, and it is something our team can help you sort through at no cost.
Claim Elements
What do you generally have to prove to win a product liability case?
To pursue a product liability claim in California, you generally must establish four core elements. First, that the product was defective in its design, manufacturing, or warnings. Second, that the defect actually caused your injury, creating a direct link between the flaw and the harm. Third, that you were using the product as intended or in a reasonably foreseeable manner. And fourth, that you suffered real, measurable damages such as medical bills, lost income, or physical injury. Because timing matters, keep in mind that California’s personal injury statute of limitations under Code of Civil Procedure §335.1 is generally two years from the date of injury. A legal professional can review how these elements apply to your case for free.
Common Injuries
What types of injuries do defective products tend to cause?
Defective products can cause a wide range of injuries, from minor harm to life-altering conditions. Some examples we frequently see include burns, electrocution, broken bones, head and traumatic brain injuries, internal organ damage, and illness caused by contaminated food or medication. The severity of an injury often shapes the value and complexity of a claim, and serious injuries may involve long-term or future care. This is not an exhaustive list, and every situation is different. If a product has injured you or a loved one, we may be able to help you understand what your claim could involve.
Compensation
What kind of compensation might be available after a defective-product injury?
Compensation in a product liability case generally aims to cover the losses tied to your injury. This may include medical expenses, lost income, property damage, pain and suffering, and the cost of future medical care. The amount available typically depends on factors like the severity of the injury, the impact on your daily life, and the strength of the evidence connecting the defect to your harm. Because no two cases are alike, these are general possibilities rather than guarantees. A free case review can help you get a clearer, more personalized sense of what your claim may be worth.
Next Steps
What should you do after being injured by a defective product?
After a defective-product injury, a few practical steps can help protect both your health and any future claim. Seek medical attention right away, and keep the product along with its packaging, receipts, and instructions if possible. It also helps to document your injuries with photos, save related expenses, and avoid altering or discarding the product, since it may serve as critical evidence. Reporting the issue to the retailer or a relevant safety agency can be useful as well. Taking these steps early generally strengthens your position, and speaking with a legal professional soon after can help preserve your options.
FAQs
The core elements are generally a defective product, a defect that caused your injury, use of the product as intended or reasonably foreseeable, and measurable damages. California often applies strict liability, which can relieve an injured person from having to prove the company was negligent. The specific proof required can vary by the type of defect involved.
In most cases, you have two years from the date of injury to file a product liability lawsuit in California, under Code of Civil Procedure §335.1. Certain circumstances, such as when an injury is not immediately discovered, can affect this deadline. Because missing the statute of limitations can bar your claim, it is generally wise to speak with a legal professional promptly.
Not always, because many California product liability claims proceed under strict liability rather than negligence. Under strict liability, the focus is generally on whether the product was defective and caused harm, not on whether the manufacturer acted carelessly. Some claims may still involve negligence or breach of warranty theories, depending on the facts.
Responsibility can extend across the chain of distribution, potentially including the manufacturer, component makers, distributors, wholesalers, and retailers. This means more than one party may share liability for a defective product. Identifying every responsible party is often an important part of building a claim, and a legal professional can help pinpoint who may be accountable.
A design defect means the product is unsafe by design even when built correctly, while a manufacturing defect happens when a product deviates from its intended design during production. California courts often analyze design defects using the consumer expectations test or the risk-benefit test. The distinction matters because it can change what evidence you need to prove your case.
At Wilshire Law Firm, product liability cases are generally handled on a contingency basis, which means no fees unless you get paid. This lets injured people pursue a claim without paying upfront legal fees. A free case review can help you understand how the process works before you commit to anything.

