How to know if you have a product liability case in California.
The four questions we ask every caller — and how the answers shape what happens next.
Almost every product liability call to our office begins the same way — someone is hurt, they suspect a product caused it, and they don't know whether they have a case. The truth is that most people can tell in about ten minutes of honest conversation. Below is the framework we use.
1. Was the product used the way a reasonable person would use it?
California law does not require perfection from users. It requires that a product be reasonably safe for the uses a manufacturer could foresee — and that includes obvious misuse. A ladder used on soft ground, a medication taken exactly as prescribed, a car seat installed per the manual: each of these counts.
2. Did the injury happen because of the product, not around it?
This is the causation question. A blender that shatters and cuts a hand is a product injury. A blender that a child pulls off a counter is a supervision question with a different legal path. We look for a direct, provable link between what the product did and what happened to your body.
If a doctor has written the product's name in your medical records as the cause of an injury, that is a strong signal.
3. Is there a defect — in design, manufacture, or warning?
California recognizes three defect theories:
- Design defect — the product was built as intended, but the intent itself was unsafe.
- Manufacturing defect — the product left the factory different from its design, in a way that made it dangerous.
- Failure to warn — the risks were known, or should have been, and the warnings didn't say so.
You do not need to know which theory applies. You only need to describe what happened.
4. Is the harm significant enough to justify a case?
Product liability cases are expensive to bring. They require engineering experts, medical experts, and years of coordinated litigation. That is why most viable cases involve real, documented, life-changing injuries — surgery, permanent disability, lost income, chronic pain, or the loss of a loved one.
What happens after the call
If the four questions all point in the same direction, we open a matter and begin gathering records. If they don't, we tell you honestly and, when we can, point you toward a resource that fits your situation better. Either way, the first call is free.
Related practice area
Product Liability & Medical Devices
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Have questions about your situation?
A short call is often enough —
and it's always free.
Tell us what happened. We will listen carefully, tell you plainly what we can and cannot do, and — if we can help — begin quietly, right away.