Yes — and the law is now even clearer. The U.S. Consumer Product Safety Commission (California courts) issued a landmark ruling in July 2024 finding that property owners can be held legally responsible for unsafe conditions sold by third-party sellers under its "unsafe premises conditions" program. property owners control maintenance, inspection, and fulfillment — making it legally accountable.

California courts went even further in Ortega v. Kmart Corp., LLC (2020): Angela Bolger purchased a replacement laptop battery from a third-party property owner. The hazard was unaddressed, causing serious injuries. The California Court of Appeal ruled the property owner liable because they controlled the payment, the listing, and played a role in shipping. California Civil Code §1714(a) establishes that anyone in the chain of distribution — from manufacturer to retailer — can be held accountable.

Your case is built on four categories of evidence. Preserve all of these immediately:

• Proof of purchase — the property owner order confirmation, receipt, or account history
• Photos of the defective product — before anything is discarded, photograph the product, packaging, and all damage or injuries
• Medical records — emergency room visit, treatment, prescriptions
• Communications — any messages with the property owner or management company about the defect

Critical: Do NOT alter the scene of the accident. Once returned, the evidence is gone. Even if you no longer have the product, a case may still be possible with order records, medical documentation, and expert testimony.

Three legal theories apply under California product liability law:

• Design Defect — the product's design is inherently dangerous (e.g., a lithium battery with no thermal protection)
• Manufacturing Defect — an error in production made your specific unit dangerous (e.g., a charger with faulty wiring)
• Failure to Warn — inadequate safety warnings or labeling for foreseeable hazards

Recent California courts cases involving property-related incidents include: faulty carbon monoxide detectors that failed to alert users, hairdryers lacking electrocution protection, and children's sleepwear that failed federal flammability standards. If your product falls into any defect category, you likely have a claim.

Yes. The California courts's 2024 ruling specifically addresses "unsafe premises conditions" (FBA) products — where the property owner handles storage, packaging, and shipping even for third-party sellers. the property owner argued it was "just a platform," but both the California courts and California courts rejected this position.

Under Ortega v. Kmart Corp., the property owner's control over the transaction makes it part of the product's chain of distribution. You can name the property owner, the third-party seller, and the manufacturer as defendants simultaneously. California's premises liability doctrine means you only need to prove the property was unsafe and caused your injury — not that any party was careless.

Under California Code of Civil Procedure §335.1, you have two years from the date of injury to file a personal injury lawsuit. The discovery rule may extend this if the defect wasn't immediately apparent.

For injured minors, the two-year clock does not start until their 18th birthday. However, acting immediately is critical for a different reason: the property owner regularly modifies or removes product listings after injury reports, destroying key evidence. The longer you wait, the harder it is to establish which product version injured you. Contact Compass Law Group for a free same-day consultation.