Q: Where Can I Check for a Product Recall, and What Does a Recall Mean for a Claim?

It depends on the kind of product: Consumer products: The U.S. Consumer Product Safety Commission (CPSC) has a search of recalls and product safety warnings . The same page links to the site for reporting an unsafe product. Vehicles and their parts: The National Highway Traffic Safety Administration (NHTSA) has a recall search . A recall is not on the lists of what must be proved in a defect case (CACI Nos. 1201, 1203, 1204, 1205). So a claim can exist without a recall. And when there is a recall, everything on those lists must still be proved, including that the defect was a substantial factor in causing the injury.

Question 1

What Is Product Liability in California?

Accepted Answer

Product liability is the legal responsibility manufacturers, distributors, and retailers hold when a defective or dangerous product injures someone. In California, claims generally fall into three categories: design defects (an unsafe flaw built into the product itself), manufacturing defects (an error introduced during production), and failure to warn (inadequate instructions or missing safety warnings). California applies strict liability in many product cases, which means you may not need to prove negligence — only that the product was defective and caused your injury.

Question 2

How Is a Design Defect Proved in California?

Accepted Answer

California's civil jury instructions give two tests, and one case can use both. Under either test, the injured person must prove harm and must prove that the company made, distributed, or sold the product. The rest differs.

Consumer expectation test (CACI No. 1203): The injured person must prove that the product did not perform as safely as an ordinary consumer would have expected when it was used or misused in an intended or reasonably foreseeable way. The person must also prove that this failure was a substantial factor in causing the harm.
Risk-benefit test (CACI No. 1204): The injured person must prove that the product's design was a substantial factor in causing the harm. The decision must then be for the injured person unless the company proves that the benefits of the design outweigh its risks.

To weigh risks against benefits, the jury considers, among other things:

How serious the potential harm is, and how likely it is to occur.
Whether a safer alternative design was feasible when the product was made.
The cost and the disadvantages of that alternative design.

Question 3

When Is a Company Liable for Failing to Warn About a Product's Risks?

Accepted Answer

When the injured person proves all of the following (CACI No. 1205):

The company made, distributed, or sold the product.
The product had potential risks that were known, or knowable in light of generally accepted scientific knowledge, when it was made, distributed, or sold.
Those risks presented a substantial danger when the product is used or misused in an intended or reasonably foreseeable way.
Ordinary consumers would not have recognized the risks.
The company failed to adequately warn or instruct about them.
The person was harmed.
The lack of sufficient instructions or warnings was a substantial factor in causing the harm.

Question 4

What If a Product Was Used in a Way Its Maker Did Not Intend?

Accepted Answer

That does not, by itself, end a claim. The jury instructions on design and warning defects cover a product that is used or misused in an intended or reasonably foreseeable way (CACI Nos. 1203, 1205). The injured person must still prove every element those instructions list.

Question 5

When Is the Maker of a Component Part Liable?

Accepted Answer

Only in two situations. A finished product can contain parts made by other companies, and the jury instructions set out the rule this way (CACI No. 1208):

General rule: A company that made, distributed, or supplied a part is not liable for a defect in the finished product the part went into.
First exception: The part itself was defective.
Second exception: The company substantially participated in integrating the part into the design of the finished product, the integration made the finished product defective, and that defect caused the harm.

If one of those exceptions is proved, the company may be found liable. Proving it is up to the injured person.

Question 6

What Are the Most Common Injuries From Defective Products?

Accepted Answer

Defective products can cause severe, life-altering injuries. Injuries in these cases can include burns, electrocution, broken bones and fractures, head and traumatic brain injuries, spinal cord injuries, and in the most tragic cases, fatal accidents. Because these injuries often require long-term care, a legal professional can help you pursue full compensation during a free case review.

Question 7

What Compensation Can You Recover in a Product Liability Case?

Accepted Answer

Injured consumers in California can generally recover both economic and non-economic damages. These commonly include medical expenses (current and future), lost wages and lost earning capacity, costs of ongoing care and rehabilitation, and pain and suffering. Because every case is unique, a legal professional can review your specific losses during a free case review.

Question 8

How Can Wilshire Law Firm Help With Your Product Liability Claim?

Accepted Answer

Wilshire Law Firm is an award-winning, nationally recognized team that investigates how a product failed, identifies every responsible party in the supply chain, explains your rights under California law, and builds your case for maximum recovery. Our attorneys handle the insurers and manufacturers so you can focus on healing. There are no fees unless you get paid.

Question 9

How Long Do You Have to File a Product Liability Claim in California?

Accepted Answer

In most California product liability cases you have two years from the date of injury to file a personal injury lawsuit (California Code of Civil Procedure §335.1). If a defective product causes a death, a wrongful death claim also generally carries a two-year deadline. Sometimes a person does not know at first that a product had anything to do with the injury. The delayed discovery rule addresses that situation (CACI No. 455). Under it, a lawsuit can still be on time even though the harm happened before the cutoff date, which is two years before the day the lawsuit is filed. To use the rule, the person suing must prove one of two things about the time before that date. One is that the person had not discovered, and did not know of facts that would have caused a reasonable person to suspect, that they had suffered harm caused by someone's wrongful conduct. The other is that the person had not discovered, and a reasonable and diligent investigation would not have disclosed, that the product contributed to the harm. It is safer not to wait for a recall to be announced, because the two years may already be running from the date of injury. Because certain circumstances can shorten or extend these deadlines, it's best to speak with a legal professional early.

Question 10

Where Can I Check for a Product Recall, and What Does a Recall Mean for a Claim?

Accepted Answer

It depends on the kind of product:

Consumer products: The U.S. Consumer Product Safety Commission (CPSC) has a search of recalls and product safety warnings. The same page links to the site for reporting an unsafe product.
Vehicles and their parts: The National Highway Traffic Safety Administration (NHTSA) has a recall search.

A recall is not on the lists of what must be proved in a defect case (CACI Nos. 1201, 1203, 1204, 1205). So a claim can exist without a recall. And when there is a recall, everything on those lists must still be proved, including that the defect was a substantial factor in causing the injury.

Question 11

Our Results in Product Liability Cases

Accepted Answer

Two past settlements:

$1.3 million (2026, Los Angeles): an e-scooter swerved uncontrollably on its first ride and threw the rider, causing serious leg injuries. The defendants included the seller, the maker, and the assembler.
$250,000 (2024, Los Angeles County): an office chair's seat caught a user's finger, causing a serious hand injury. The claim alleged that the chair lacked a stop other chairs had.

Past results do not guarantee a similar outcome. Every case is different. More results are on our settlements and verdicts page.

Question 12

Do I have to prove the manufacturer was negligent in California?

Accepted Answer

Usually no. California applies strict product liability, so you can generally recover by showing the product had a defect that caused your injury while it was being used in a reasonably foreseeable way. You do not have to prove the maker was careless. For a manufacturing defect, for example, the injured person must prove four things (CACI No. 1201). The first two are that the company made, distributed, or sold the product, and that the product had the defect when it left the company's possession. The other two are that the person was harmed, and that the defect was a substantial factor in causing the harm. Carelessness is not on that list. Negligence is a separate claim that can be brought alongside strict liability. There, the injured person must prove that the company was negligent in designing, manufacturing, supplying, installing, inspecting, repairing, or renting the product. The person must also prove harm, and that the negligence was a substantial factor in causing it (CACI No. 1220).

Question 13

What are the three types of product defects?

Accepted Answer

California recognizes design defects (the product is unsafe as designed, even when built correctly), manufacturing defects (the item differs from the manufacturer's design or specifications, or from other typical units of the same product line; CACI No. 1202), and warning defects (the product lacked adequate instructions or warnings about a non-obvious danger). Your claim may involve one or more of these.

Question 14

Who can be held liable for a defective product?

Accepted Answer

Generally, any business in the product's chain of distribution can be responsible, including the manufacturer, component makers, distributors, wholesalers, and the retailer that sold it. The maker of a component part is a special case: it is generally not liable for a defect in the finished product unless one of two exceptions is proved (CACI No. 1208). Naming multiple parties can matter, especially if one is out of business or hard to reach. An attorney can identify everyone potentially liable.

Question 15

What if the defect is in my vehicle, such as an airbag, a tire, or the brakes?

Accepted Answer

The same rules apply when the product is a vehicle or one of its parts. Three more points apply to vehicles. First, the National Highway Traffic Safety Administration (NHTSA) has a recall search that works by vehicle identification number (VIN), by license plate, or by year, make, and model. Second, when federal law requires notice of a defect or noncompliance, the manufacturer must remedy it without charge when the vehicle is presented, with some exceptions. The manufacturer chooses how: repair the vehicle, replace it with an identical or reasonably equivalent one, or refund the purchase price less a reasonable allowance for depreciation (49 U.S.C. §30120(a)(1)). Third, the free remedy does not apply if the first purchaser bought the vehicle more than 15 calendar years before the notice or the order, whichever is earlier (§30120(g)(1)). The notice is the manufacturer's, and the order is the Secretary of Transportation's. Tires have their own time limits. A recall remedy deals with the vehicle, but it does not pay for your injuries. The injury claim is separate. Keep the vehicle as it is. If the insurer declares it a total loss, ask in writing that it not be sold or taken apart until it can be inspected.

Question 16

How long do I have to file a product liability claim in California?

Accepted Answer

You generally have two years from the date of injury to file a personal injury lawsuit (Code Civ. Proc. §335.1). If you did not know at first that a product played a part in your injury, the delayed discovery rule may keep a later lawsuit on time. The person suing is the one who must prove that the rule applies (CACI No. 455). Deadlines have exceptions, so confirm yours promptly.

Question 17

What should I do with the product that injured me?

Accepted Answer

Keep it, exactly as it is. The product is often the main evidence in the case, and these steps protect your health and help preserve the evidence. Get medical care, and tell the doctor how the injury happened. Keep the product with all of its parts. Do not repair it, use it again, or throw it away. Keep the box, the manual, the labels, and the receipt, or the confirmation email if you bought it online. Write down the brand, the model, and the serial number. Take photos of the product, the place, and your injuries. Do not return it to the store or the manufacturer before you talk with a lawyer. If the product belongs to someone else or to your employer, ask in writing that it be kept. If a machine or tool injured you at work, see our workplace accident page as well.

Types of product defects	Design, manufacturing, and warning defects	Source
Strict liability	A maker is liable when a product it puts on the market has a defect that injures	Source
Manufacturing defect	The item differs from the intended design or from other units of the line	Source
Design defect tests	Less safe than an ordinary consumer would expect, or risks outweigh benefits	Source
Retailers and distributors	Strictly liable too	Source
Component makers	Can be strictly liable for defective parts	Source
Injury lawsuit deadline	2 years from the date of injury	Source

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