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Car accidents are the most common personal injury claim in California. The at-fault driver is liable under negligence principles, and California's pure comparative fault system from Li v. Ye...
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This page provides general legal information about product liability claims in California. It does not provide legal advice. Consult a licensed California attorney for guidance specific to your situation.
Product Liability Under California Law
California product liability law is governed by Greenman v. Yuba Power Products (1963) 59 Cal.2d 57, which established strict liability for manufacturers of defective products. A manufacturer, distributor, or retailer is strictly liable for injuries caused by a defective product without requiring the plaintiff to prove negligence. The three recognized theories are manufacturing defects, design defects, and failure to warn.
California personal injury law provides a robust framework for product liability victims. The governing legal standard depends on the type of injury: vehicle accidents proceed under negligence (with Vehicle Code violations establishing negligence per se); premises liability proceeds under the Rowland v. Christian (1968) duty of care; product liability proceeds under Greenman v. Yuba Power Products (1963) strict liability; and medical malpractice proceeds under MICRA's professional negligence standard with its specific damage caps and shorter statute of limitations.
California's pure comparative fault system from Li v. Yellow Cab Co. (1975) allows product liability victims to recover damages even if they were partly at fault. Recovery is reduced proportionally by the victim's fault percentage but not eliminated. California imposes no cap on economic or non-economic damages in non-malpractice personal injury cases.
Who Is Liable After a Product Liability
Liability in product liability cases depends on the specific facts and the legal theory governing the injury type. For vehicle accidents: the at-fault driver and their employer (if driving for work). For premises liability: the property owner, lessee, or other party who controlled the property. For product liability: the manufacturer, distributor, and retailer in the entire distribution chain. For medical malpractice: the licensed healthcare provider and potentially the healthcare facility. For workplace accidents: the employer's workers' compensation insurer (exclusive remedy against the employer) and third-party defendants whose negligence contributed.
"Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another."
Damages Available After a Product Liability
California product liability victims can recover: all past and future medical expenses (no cap); lost wages and lost earning capacity; property damage; non-economic damages (pain, suffering, emotional distress, disfigurement, loss of enjoyment of life) — uncapped in non-malpractice personal injury cases; and punitive damages under Civil Code Section 3294 when the defendant's conduct constitutes malice, oppression, or fraud. Medical malpractice non-economic damages are capped by MICRA at $470,000 (personal injury) and $650,000 (wrongful death) in 2026.
Statute of Limitations for Product Liability Claims in California
Two years from the date of injury under CCP Section 335.1 for most product liability claims. Medical malpractice: one year from discovery or three years from the act (CCP Section 340.5). Government entity claims: six-month administrative claim under Government Code Section 945.4. Minor victims: tolled until age 18 under CCP Section 352. Missing any applicable deadline permanently bars the claim.
Critical Evidence in Product Liability Cases
- Medical records from the date of injury — Create a contemporaneous medical record tying injuries to the incident; seek care the same day if possible
- Incident or police report — Official documentation of the event, the parties, and any witnesses
- Photographs — The scene, injuries, defective condition, or damaged product at the earliest possible opportunity
- Witness information — Names and contact information for all persons who saw the incident
- Insurance information — All potentially applicable policies from all potentially liable parties
- Prior incident records — Prior complaints, citations, inspections, or product recalls that establish the defendant's prior notice of the hazard
- Employment and wage records — Documentation of lost income from the date of injury forward
Frequently Asked Questions — Product Liability
What is Greenman v. Yuba Power Products?
Greenman v. Yuba Power Products (1963) 59 Cal.2d 57 is the California Supreme Court case that established strict product liability. Under Greenman, a manufacturer is strictly liable for injuries caused by a defective product regardless of negligence — the plaintiff only needs to prove that the product was defective and the defect caused the injury. California was the first state to adopt strict product liability.
What are the three types of product liability claims in California?
Manufacturing defects: the product deviated from its intended design in a way that made it unsafe. Design defects: the product was made as intended, but the design itself is unreasonably dangerous — analyzed under the consumer expectation test or the risk-utility test from Barker v. Lull Engineering (1978). Failure to warn: the product lacked adequate warnings or instructions about known risks.
Who can be sued in a California product liability case?
The entire distribution chain is potentially liable: the manufacturer of the finished product; manufacturers of component parts; the distributor; the wholesaler; and the retailer who sold the product to the consumer. Each party in the chain that placed the defective product into the stream of commerce bears strict liability regardless of their own negligence.
Does California require proof of negligence in a product liability case?
No. California's strict product liability under Greenman does not require proof of negligence. The plaintiff must prove: (1) the defendant sold or distributed the product in the course of business; (2) the product contained a manufacturing, design, or warning defect when it left the defendant's control; (3) the plaintiff was harmed; and (4) the defect was a substantial factor in causing the harm.
How long do I have to file a product liability lawsuit in California?
Two years from the date of injury under CCP Section 335.1. If the injury was not immediately apparent (latent injury from toxic exposure, for example), the discovery rule may toll the period from when the plaintiff knew or should have known of the injury and its cause. Products sold more than 10 years before the lawsuit may face additional challenges under California's statute of repose.
What if a safety regulation required the product?
Regulatory compliance is not an absolute defense in California product liability cases. Even if a product met all applicable federal and state safety standards, the manufacturer may still be liable if the product was unreasonably dangerous under California's risk-utility test. The Barker v. Lull Engineering framework allows juries to find a design defective even when it meets minimum regulatory standards.
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