I’m Injured by a Defective Product—What Are My Rights in California?
If a defective product injured you, California’s strict liability law lets you recover without proving the manufacturer was careless—you generally need to show the product had a defect and that the defect caused your injury. The most important thing you can do right now: keep the product and preserve the evidence.
The three types of product defects
California recognizes a design defect (unreasonably dangerous as designed), a manufacturing defect (flawed in production), and a warning defect (inadequate instructions or safety warnings). Any one can support a claim.
Who can be held liable
Under strict liability, everyone in the chain of distribution—the manufacturer, distributor, and retailer—can be held responsible for a defective product that injures a user.
Preserve the evidence
Do not discard, repair, or return the product. Keep it along with the packaging, manual, warnings, and proof of purchase, and photograph your injury. The product itself is the central evidence and must be available for expert inspection.
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Frequently Asked Questions
Do I have to prove the company was careless?
No. California applies strict liability to defective products—you generally need to prove the product was defective and that the defect caused your injury, not that the manufacturer was negligent.
Who can I sue for a defective product?
Everyone in the chain of distribution—manufacturer, distributor, and retailer—can be held strictly liable for a defective product that injures a user.
What should I do with the product?
Keep it. Do not discard, repair, or return it. Preserve the packaging, manual, warnings, and receipt, and photograph your injury—the product is the key evidence for expert inspection.
Written & legally reviewed by Compass Law Group partners
Joseph Shirazi
Managing Partner, Compass Law Group, LLP
California State Bar #265403 · Loyola Law School, J.D.
Joseph Shirazi is the Managing Partner of Compass Law Group, LLP, leading the firm’s personal-injury, catastrophic-injury, and wrongful-death trial practice. He authored the analysis on this page.
Profiles: Avvo · Super Lawyers · Justia · LinkedIn · CA State Bar · Full Bio →
Simon Esfandi
Partner & Co-Founder, Compass Law Group, LLP
California State Bar #275307 · Loyola Law School, J.D.
Simon Esfandi is a Partner and Co-Founder of Compass Law Group, LLP. He reviewed this page for legal accuracy. Compass represents California injury victims on a No Win, No Fee basis.
Profiles: Avvo · Super Lawyers · Justia · LinkedIn · CA State Bar · Full Bio →
Past results do not guarantee future outcomes. This article is legal information, not legal advice.
Injured and not sure what your claim is worth?
Get a Free ConsultationNo Win, No Fee · (213) 320-1001
