Product liability law in California provides crucial protections for consumers who have been harmed by defective products. Whether you’re a manufacturer, retailer, or consumer, understanding these laws is essential for protecting your rights and navigating potential legal challenges.
What is Product Liability?
Product liability refers to the legal responsibility of manufacturers, distributors, suppliers, retailers, and others who make products available to the public for injuries those products cause. In California, product liability claims can be brought under several legal theories, including strict liability, negligence, and breach of warranty.
Strict Liability in California
California was the first state to adopt strict liability for defective products with the landmark case Greenman v. Yuba Power Products (1963). Under strict liability, a plaintiff doesn’t need to prove negligence – only that the product was defective and caused harm.
Elements of a Strict Liability Claim
To establish strict liability in California, a plaintiff must prove:
- The defendant manufactured, distributed, or sold the product
- The product contained a defect when it left the defendant’s possession
- The defect caused harm while the product was being used in a reasonably foreseeable way
- The plaintiff suffered harm as a result
Types of Product Defects
California recognizes three primary categories of product defects:
Manufacturing Defects
A manufacturing defect exists when a product deviates from its intended design, even though all possible care was exercised in its preparation and marketing. Examples include:
- A batch of medication containing a harmful contaminant
- A car with missing brake pads
- A food product containing foreign objects
Design Defects
California applies two tests for design defects:
- The Consumer Expectations Test: The product fails to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner.
- The Risk-Benefit Test: The product’s design poses excessive preventable danger that outweighs its benefits. Factors considered include:
- The gravity of potential harm
- The likelihood of harm occurring
- The feasibility of an alternative safer design
- The cost of an alternative design
- The disadvantages of an alternative design
Warning Defects
Manufacturers have a duty to warn consumers about potential hazards associated with their products. A warning defect exists when:
- The manufacturer failed to adequately warn about a particular risk
- The risk was known or knowable in light of generally recognized scientific knowledge
- The lack of warning made the product substantially dangerous to users
Negligence Claims
While strict liability is the primary theory in product liability cases, plaintiffs may also pursue negligence claims. To establish negligence, a plaintiff must prove:
- The defendant owed a duty of care
- The defendant breached that duty
- The breach caused the plaintiff’s injury
- The plaintiff suffered actual damages
Common Examples of Negligence in Product Liability
- Inadequate quality control procedures
- Failure to conduct proper safety testing
- Using substandard materials to cut costs
- Ignoring safety complaints or incident reports
Breach of Warranty Claims
California product liability law also recognizes claims based on breach of warranty, both express and implied.
Express Warranty
An express warranty is created by:
- Any affirmation of fact or promise about the product
- Any description of the product
- Any sample or model shown to the buyer
Implied Warranties
California law recognizes two types of implied warranties:
- The Implied Warranty of Merchantability
- The product is fit for ordinary purposes
- The product is adequately contained, packaged, and labeled
- The product conforms to any promises or facts stated on the container or label
- The Implied Warranty of Fitness for a Particular Purpose
- Applies when the seller knows the buyer is relying on their expertise to select a product for a specific purpose
- The buyer must actually rely on the seller’s skill or judgment
Defenses to Product Liability Claims
Manufacturers and sellers may raise several defenses in product liability cases:
Product Modification
If the product was substantially modified after leaving the defendant’s control, and the modification caused the injury, the defendant may avoid liability.
Assumption of Risk
When a plaintiff knowingly proceeds to use a product despite awareness of its dangers, recovery may be limited or barred. (Learn more about assumption of the risk.)
Misuse
Using a product in an unforeseeable way that causes injury may constitute a defense, though manufacturers must anticipate some degree of misuse.
Statutes of Limitation
California imposes time limits on filing product liability claims:
- Personal injury claims: 2 years from the date of injury
- Property damage claims: 3 years from the date of damage
- Breach of warranty claims: 4 years from the date of sale
Damages Available in Product Liability Cases
California law allows recovery of various types of damages:
Compensatory Damages
- Economic Damages
- Medical expenses (past and future)
- Lost wages and lost earning capacity
- Property damage
- Out-of-pocket expenses
- Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disability or disfigurement
Punitive Damages
Punitive damages may be awarded when the defendant’s conduct was particularly egregious, showing:
- Malice
- Oppression
- Fraud
- Conscious disregard for safety
Recent Developments in California Product Liability Law
Component Part Manufacturer Liability
California courts have refined the liability of component part manufacturers:
- Generally not liable for injuries caused by the finished product
- May be liable if the component itself was defective
- May be liable if they substantially participated in the integration of the component
Online Marketplace Liability
Recent cases have addressed the liability of online marketplaces:
- Amazon and similar platforms may be held liable as “suppliers”
- Factors include control over the product, relationship with the seller, and ability to influence safety
Industry-Specific Regulations
California has enacted additional requirements for specific industries:
- Enhanced warning requirements for consumer products
- Strict liability for defective pharmaceutical products
- Special rules for autonomous vehicle manufacturers
Practical Considerations for Businesses
Risk Management Strategies
- Quality Control
- Implement comprehensive testing procedures
- Document all safety measures
- Maintain detailed production records
- Warning Labels
- Provide clear, conspicuous warnings
- Update warnings based on new information
- Consider multiple languages when appropriate
- Documentation
- Maintain design records
- Keep testing data
- Document safety decisions
- Preserve customer complaints and responses
Insurance Considerations
Businesses should maintain adequate insurance coverage:
- Product liability insurance
- Commercial general liability insurance
- Umbrella coverage for catastrophic claims
Working with a Product Liability Attorney
When to Seek Legal Counsel
Manufacturers and sellers should consult an attorney:
- Before launching new products
- When receiving safety complaints
- If served with a lawsuit
- When considering recalls
What to Expect from Your Attorney
A product liability attorney will:
- Review your product safety procedures
- Advise on warning labels and documentation
- Represent you in litigation
- Guide you through regulatory compliance
Conclusion
California’s product liability law provides robust protections for consumers while creating significant obligations for manufacturers and sellers. Understanding these laws is crucial for:
- Protecting your rights as a consumer
- Managing risk as a manufacturer or seller
- Ensuring compliance with legal requirements
- Avoiding costly litigation
Whether you’re facing a product liability claim or seeking to prevent one, working with experienced legal counsel can help navigate this complex area of law. Regular review of product safety measures, warning labels, and documentation can help minimize liability risk while protecting consumers from harm.
Contact Us For Help…
For immediate assistance with a product liability matter, contact Woolf Legal to schedule a consultation with an experienced product liability attorney.