PRODUCT LIABILITY

California Product Liability Lawyer

PUBLISHED · UPDATED

When a defective product injures you, California’s strict product-liability law lets you recover without proving the manufacturer was careless—you generally show the product had a defect and that the defect caused your injury. Everyone in the chain of distribution—manufacturer, distributor, retailer, and even online marketplaces like Amazon—can be held responsible.

What is product liability in California?

Product liability is the area of law that holds companies responsible for putting dangerous products into the marketplace. California pioneered strict liability in Greenman v. Yuba Power Products (1963): a manufacturer is liable when a product it places on the market proves to have a defect that causes injury—the injured person does not have to prove negligence, only the defect and causation.

What are the three types of product defects?

California recognizes three kinds of defects, and any one can support a claim:

Defect typeWhat it meansExample
Design defectUnreasonably dangerous as designedA vehicle prone to rollover
Manufacturing defectFlawed during productionA cracked helmet shell
Warning defectInadequate instructions or safety warningsA drug missing a known-risk warning
The three product-defect theories under California strict liability.

Who can be held liable for a defective product?

Under strict liability, everyone in the chain of distribution can be responsible—the manufacturer of the product or a component, the distributor, and the retailer that sold it. Increasingly, online marketplaces are included too.

Can you sue Amazon for a defective product?

Often, yes. In Bolger v. Amazon.com (2020), a California appeals court held that Amazon can be strictly liable for a defective product sold by a third-party seller through its marketplace. See our dedicated guide on Amazon product liability for how these claims work.

What damages can you recover?

A successful product-liability claim can recover medical expenses, lost income and earning capacity, pain and suffering, and—in cases of egregious corporate conduct—punitive damages.

What should you do after a defective-product injury?

Keep the product—do not discard, repair, or return it—along with the packaging, manual, warnings, and proof of purchase, and photograph your injury. In California you generally have two years to file (Code of Civil Procedure §335.1). The product itself is the central evidence and must be preserved for expert inspection.

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Frequently Asked Questions

Do I have to prove the manufacturer was negligent?

No. California applies strict liability—you generally need to prove the product was defective and that the defect caused your injury, not that the manufacturer was careless. This traces to Greenman v. Yuba Power Products (1963).

Who can be held responsible for a defective product?

Everyone in the chain of distribution—manufacturer, component maker, distributor, and retailer—can be strictly liable. Online marketplaces such as Amazon can also be liable.

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

Generally two years from the injury (Code of Civil Procedure §335.1). A discovery rule can apply where the cause of injury wasn’t immediately known, but you should act quickly to preserve the product and evidence.

What evidence matters most?

The product itself is the key evidence. Keep it and its packaging, manual, warnings, and receipt—do not repair or discard it—so it can be examined by an expert.

Written & legally reviewed by Compass Law Group partners

Joseph Shirazi, Managing Partner, Compass Law Group

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.

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Simon Esfandi, Partner & Co-Founder, Compass Law Group

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 product-liability 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 by a defective product?

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