How Strict Liability Protects California Consumers Injured by Defective Products
If a defective product injured you or someone you love, California law may be on your side in a powerful way. Under strict product liability, you do not need to prove that a manufacturer or seller was careless or negligent. You need only show that the product was defective and caused your injury.
This legal standard exists because, as the California Supreme Court recognized in Greenman v. Yuba Power Products, Inc., 59 Cal.2d 57 (1963), companies that put defective products on the market should pay for the costs of injuries, not the injured consumers.
For residents of Newport Beach, Orange County, and greater Los Angeles, understanding strict liability can make the difference between recovering fair compensation and walking away with nothing.
If a dangerous or defective product has hurt you, Bisnar Chase can help you understand your legal options. Call 800-561-4887 or contact us today for a free consultation.
The Legal Foundation of Strict Product Liability in California
California’s strict product liability doctrine traces back to the landmark 1963 decision in Greenman v. Yuba Power Products, Inc. The California Supreme Court held that a manufacturer is strictly liable when it places a product on the market knowing it will be used without inspection for defects, and that product is defective, causing injury. The court clarified that the law, not the contract, imposes this liability, meaning traditional contract defenses do not bar an injured consumer’s claim.
To establish a strict liability claim, a plaintiff must prove several elements. The plaintiff must show the defendant manufactured, distributed, or sold the product; the product contained a defect when it left the defendant’s possession; the plaintiff used the product in an intended or reasonably foreseeable manner; and the defect was a substantial factor in causing harm. Specific elements vary depending on whether the claim involves a manufacturing defect, design defect, or failure to warn.
💡 Pro Tip: You do not need a direct contract or receipt with the manufacturer to bring a strict liability claim in California. The law imposes liability regardless of the commercial relationship between you and the company that made the product.
Three Types of Product Defects Under California Law
California recognizes three distinct categories of product defects, each with its own legal standard. The CACI Series 1200 jury instructions outline the framework courts use when evaluating strict liability claims. Understanding which type of defect applies to your situation is critical because it shapes the evidence you need.
Manufacturing Defects
A manufacturing defect occurs when an individual product departs from its intended design, making it more dangerous than other identical products. Examples include a bicycle with a cracked frame that passed quality control or a children’s car seat with a faulty buckle. Under California Civil Code § 1714.45(c), the statutory exemption for inherently unsafe products does not apply to manufacturing defect claims.
Design Defects
A design defect exists when an entire product line is dangerous due to its design. California courts evaluate design defects under two tests. The consumer expectation test asks whether the product failed to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner. The risk-benefit test requires the manufacturer to prove the product’s benefits outweigh its risks. A plaintiff may proceed under either test depending on the circumstances.
Failure to Warn
Even a well-made, well-designed product can be defective if it lacks adequate warnings or instructions. If a foreseeable risk exists that the manufacturer knew or should have known about, the company generally has a duty to warn consumers. A common example involves medications with dangerous side effects not disclosed on the label.
💡 Pro Tip: If a product purchased through an online marketplace injured you, the liability chain may extend beyond just the manufacturer. Learn more about legal liability for dangerous products on Amazon and similar platforms.
Who Can Be Held Liable in a Defective Product Attorney Case?
Strict liability in California can extend to every commercial entity in the product’s distribution chain. This includes manufacturers, distributors, wholesalers, and retailers. The rationale is that any entity profiting from putting a product into commerce should bear responsibility when that product injures someone.
However, California law recognizes important exceptions:
- Hospitals and healthcare providers acting as service providers are generally not subject to strict liability for products used during patient treatment, as established in Bigler-Engler v. Breg, Inc. (2017) 7 Cal.App.5th 276.
- Engineers who design a product but do not manufacture or market it are not subject to strict product liability, according to Romine v. Johnson Controls, Inc. (2014) 224 Cal.App.4th 990.
- Bystanders injured by defective products may receive even greater protection under strict liability than direct users, as noted in Elmore v. American Motors Corp. (1969) 70 Cal.2d 578.
| Party in the Distribution Chain | Generally Subject to Strict Liability? | Key Consideration |
|---|---|---|
| Manufacturer | Yes | Bears primary responsibility for product safety |
| Distributor / Wholesaler | Yes | Liable as part of the commercial chain |
| Retailer | Yes | Includes brick-and-mortar and online sellers |
| Hospital / Service Provider | No | Providing a service, not selling a product |
| Design-Only Engineer | No | Must participate in bringing product to market |
💡 Pro Tip: Even if the manufacturer is located overseas or is difficult to identify, California consumers may still pursue claims against the U.S. distributor or retailer that sold the product.
Defenses and Exemptions That May Apply to Your Defective Product Attorney California Claim
California law provides certain defenses and exemptions that can limit or defeat a strict liability claim. Understanding these helps you evaluate your case realistically.
The Inherently Unsafe Product Exemption
Under California Civil Code § 1714.45(a), manufacturers and sellers are not liable in product liability actions if the product is inherently unsafe and commonly known to be unsafe by ordinary consumers. Examples include sugar, alcohol, and butter. The statute applies to product liability actions commenced after January 1, 1988. Cal. Civ. Code § 1714.45(b) explicitly excludes tobacco manufacturers and their successors from this exemption, leaving them fully subject to product liability actions. However, the statute exempts the sale or distribution of tobacco products by non-manufacturer entities.
Comparative Fault
California follows pure comparative negligence, and this principle applies in strict liability cases. If a plaintiff’s conduct contributed to the injury, the defendant may raise a comparative fault defense. Courts may reduce the plaintiff’s recovery by their percentage of fault but do not eliminate it entirely. CACI No. 1207A and 1207B provide the jury instructions governing comparative fault.
Product Misuse
Product misuse can serve as a defense, but its effect depends on the circumstances. Product misuse can serve as a complete defense under CACI No. 1245 only if the misuse was unforeseeable and was the sole cause (or superseding cause) of the injury — not merely a substantial factor. If the misuse was foreseeable, or if a product defect also contributed to the injury, this defense will not bar the claim entirely; instead, the misuse may be considered under comparative fault principles.
💡 Pro Tip: Do not assume your case is hopeless because you may have used a product in an unusual way. If the manufacturer could have reasonably anticipated that type of use, your claim may still be viable. Consult an attorney to evaluate your specific situation.
California’s Statute of Limitations for Defective Product Claims
Time limits matter in every personal injury case. In California, the statute of limitations for personal injury claims, including injuries caused by defective products, is generally two years from the date of injury. Missing this deadline can permanently bar your claim.
The discovery rule may delay the start of the limitations period when an injury or its cause was not immediately apparent. In California (including Newport Beach), the delayed discovery rule can postpone the start of a limitations period, including in some products liability cases, but accrual generally begins when the plaintiff knows or should know enough to suspect the injury was caused by wrongdoing.
To rely on delayed discovery, a plaintiff typically must plead and ultimately show both the time and manner of discovery, as well as that they could not have discovered the factual basis for the claim earlier despite exercising reasonable diligence (not merely that the injury itself was undiscoverable). Orange County residents who suspect a product may have caused an injury should act promptly to preserve their legal rights.
💡 Pro Tip: Even if you are unsure whether a product caused your injury, consulting a defective product attorney in California early protects your ability to file a claim before the deadline passes.
Frequently Asked Questions
1. Do I need to prove the manufacturer was negligent to win a strict liability claim in California?
No. Under California’s strict liability doctrine, you do not need to prove the manufacturer or seller acted negligently. You must show the product was defective, you used it as intended or reasonably foreseeable, and the defect caused your injury.
2. Can I file a product liability claim if I was not the person who purchased the product?
Yes, in many cases. California’s strict liability law does not require you to be the purchaser. Even bystanders who were not using the product may have a valid claim if injured by a defect.
3. What types of compensation can I recover in a California defective product case?
Injured plaintiffs may seek compensation for medical expenses, lost wages, pain and suffering, and other damages. In situations involving particularly egregious conduct, punitive damages may also be available. The value of your claim depends on the severity of your injuries and case-specific factors.
4. Does strict liability apply to all products sold in California?
Not in every situation. California Civil Code § 1714.45(a) exempts certain inherently unsafe common consumer products that ordinary consumers already know to be unsafe, such as alcohol and sugar. However, this exemption does not apply to manufacturing defect claims. Tobacco manufacturers are entirely excluded from the exemption, though the statute exempts non-manufacturer sellers and distributors of tobacco products.
5. What should I do immediately after being injured by a defective product?
Seek medical attention first, then preserve evidence. Keep the product and its packaging, take photographs, save receipts, and document your injuries. Avoid repairing or discarding the product. Contact an attorney as soon as possible, since California’s two-year statute of limitations begins running from the date of injury in most cases.
Protecting Your Rights After a Product Injury in California
Strict product liability exists to level the playing field between injured consumers and the companies that profit from selling products. California law reflects a clear policy choice: manufacturers and sellers, not individual consumers, should bear the cost when defective products cause harm. Whether you are dealing with a dangerous household appliance, a defective children’s product, or a malfunctioning medical device, the law may provide a path to compensation without requiring you to prove negligence.
If you or a family member has been injured by a defective product in Newport Beach, Orange County, or anywhere in California, Bisnar Chase is ready to help. Call 800-561-4887 or reach out to our team for a free consultation. Reach out to our Newport Beach personal injury attorneys.
