Products are part of nearly every aspect of daily life, from vehicles and power tools to household appliances, medical devices, children’s products, and consumer electronics. When a product is defectively designed, manufactured incorrectly, or sold without adequate warnings or instructions, it can cause serious injuries that consumers did not reasonably expect. California product liability law allows injured consumers to sue companies responsible for placing defective products into the stream of commerce. Depending on the circumstances, this may include manufacturers, distributors, retailers, or other businesses involved in bringing the product to consumers.
At James Hawkins APLC, we investigate how the product was designed, manufactured, marketed, sold, and used to determine what went wrong and who may be responsible. We examine the evidence surrounding the defect and the circumstances of the injury to build a strong claim and pursue compensation for the full impact of your losses.
If a defective or dangerous product has injured you or a loved one, contact James Hawkins APLC to discuss your situation, understand your rights, and learn about your legal options.
Product liability refers to legal claims involving injuries or other harm caused by defective products. California recognizes strict product liability, which means an injured person does not necessarily have to prove that a manufacturer or seller was negligent in the traditional sense. Instead, the claim may focus on whether the product was defective, whether the defendant was responsible for placing it into the stream of commerce, and whether the defect substantially caused the injury.
California generally recognizes three primary types of product defects:
A product liability case may also involve negligence, breach of warranty, or other legal claims depending on the circumstances. Importantly, strict liability does not mean a manufacturer is automatically responsible whenever someone is injured while using its product. The defect must have a legally sufficient connection to the injury, and other factors may affect whether a claim can be established.
Understanding what made a product dangerous is often the starting point of a product liability investigation.
A manufacturing defect occurs when a particular product differs from the manufacturer’s intended design or from other properly manufactured products in the same product line. For example, a properly designed power tool may become dangerous if one unit is assembled incorrectly, a critical component is installed improperly, or a manufacturing error makes the finished product different from the intended design. These cases can require examining the individual product, other units from the same production line, manufacturing records, quality-control procedures, and testing information.
A design defect involves a problem with the product’s design itself. In these cases, the product may have been manufactured exactly as intended, but the design creates an unreasonable safety risk. A design defect can affect an entire product line, not just a single unit. Examples may include:
Design defect cases can require technical analysis, testing, engineering evidence, alternative designs, and an examination of whether a safer, reasonably feasible design was available.
A product can also be dangerous because consumers were not adequately warned about a known or reasonably foreseeable risk. Warnings and instructions may be relevant when a product presents a danger that a reasonable consumer would not otherwise recognize. Examples can include inadequate warnings concerning:
The issue is not simply whether a warning existed. The adequacy, placement, content, clarity, and circumstances surrounding the warning may all matter.
Product liability cases can involve nearly any consumer or commercial product. At James Hawkins APLC, we evaluate claims involving a wide range of products that cause injury because of a design, manufacturing, or warning defect. Cases can include, but are not limited to:
A product does not necessarily need to be recalled for someone to have a product liability claim. A recall can be important evidence, but liability depends on the facts of the individual case and product.
Product liability cases often require a much more detailed investigation than a typical accident claim. The product itself may be the most important piece of evidence, and its condition can change significantly after the accident. At James Hawkins APLC, we approach these cases by investigating both the product and the system behind it.
When possible, preserving the product involved in the accident is critical. It is important that you do not throw away, repair, alter, discard, or return a damaged product to the manufacturer before our team has had an opportunity to evaluate how it should be preserved. We may document:
Depending on the case, an engineer, specialist, or other qualified expert may need to examine the product.
Identifying the specific product involved in an injury can require more than simply knowing the brand name. We may need to establish the manufacturer, model and product number, serial number, lot or batch number, manufacturing date, component manufacturers, retailer or distributor, and when and where you purchased the product. Receipts, invoices, photographs, product registrations, packaging, instruction manuals, emails, and other records can help establish the product’s identity, origin, and history.
When a design defect is suspected, we investigate how the product was designed and whether safer alternatives were available. Depending on the product, this can involve reviewing:
Expert analysis may be necessary to determine how a product’s design contributed to the injury, and our team can help coordinate the appropriate experts and evaluations.
When a manufacturing defect is suspected, we look at whether the product was made differently from its intended design. Evidence may include manufacturing records, quality-control procedures, inspection records, testing results, production documentation, and information concerning other units from the same product line. The goal is to determine what should have been produced compared with what was actually produced.
Warnings are evaluated in the context of how the product was designed to be used and the risks associated with that use. We may examine:
We also consider whether the risk was one a reasonable consumer would have understood without a warning.
A single injury may not tell the entire story. Prior complaints, lawsuits, warranty claims, safety reports, recalls, regulatory actions, and other incidents can provide important evidence of whether a manufacturer or seller knew about a problem. Federal consumer-product safety records can also be relevant. The Consumer Product Safety Commission maintains recall and product-safety information and a public database where consumers can report unsafe products.
Establishing that a product was defective is only part of a product liability case. The evidence must also connect the defect to the injury. We examine:
A product recall can provide important information, but it does not automatically establish a legal claim. A recall may indicate that a manufacturer or regulatory agency identified a potential safety issue. However, each case must still be evaluated based on the specific product, defect, accident, and resulting injuries.
If a product involved in your injury has been recalled, keep the product and any related materials rather than throwing them away. We can review the recall notice, product information, purchase records, and physical product to determine whether the recall may be relevant to your claim and what additional evidence may be needed.
Manufacturers and insurers may argue that an injury resulted from misuse, modification, failure to follow instructions, or another consumer action. That does not necessarily end a product liability claim. The circumstances matter, including whether the way the product was used was reasonably foreseeable and whether the alleged defect still played a substantial role in causing the injury. California courts recognize that strict liability does not ordinarily extend to injuries resulting from uses that were not reasonably foreseeable. For that reason, investigating exactly how the product was being used at the time of the incident can be just as important as examining the defect itself.
A successful product liability claim may provide compensation for losses caused by a defective product. Depending on the circumstances, this may include medical expenses, lost income, reduced earning capacity, pain and suffering, emotional distress, disability, disfigurement, and loss of enjoyment of life. The value of each claim depends on the injury’s severity, medical treatment, long-term effects, and other losses.
The steps taken immediately after an injury can affect the evidence available later. If a product has injured you:
California generally gives injured individuals two years from the date of injury to file a personal injury lawsuit, but different deadlines may apply depending on the circumstances of a product liability claim. Missing the applicable statute of limitations can prevent you from pursuing compensation, so it is important to seek legal guidance as soon as possible. Speaking with our team does not mean you have to file a lawsuit. It helps you understand your rights, evaluate your potential claim, and learn about your legal options before important deadlines pass.
If a defective or dangerous product has injured you or a loved one, contact James Hawkins APLC today for a free consultation to discuss your situation and learn what steps may be available to you.
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