What Is a Product Liability Lawyer? California Defective Product Claims
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This page was written and reviewed by Michael J. Cefali, Esq. Attorney Cefali is a founding partner of Cefali & Cefali, APC, based in San Juan Capistrano, CA. He holds a Juris Doctor from Chapman University Fowler School of Law and a B.A. in Global Studies & Maritime Affairs from the California Maritime Academy. Widely recognized for his advocacy in personal injury law, he has secured multi-hundred-thousand-dollar settlements in motorcycle accidents, hit-and-runs, and red-light collision cases. He maintains a perfect 10.0 “Superb” rating on Avvo.
Beyond his legal practice, Mr. Cefali actively supports his community through the Rotary Club of San Juan Capistrano, contributes to housing and meal programs for those in need, and enjoys fishing and spending time with his rescue dogs.
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What Is a Product Liability Lawyer? California Defective Product Claims
A product liability lawyer represents people injured by defective or dangerous products and holds manufacturers, distributors, and retailers responsible under California's strict liability law. Because that law does not require proving the company was careless, a strong product case turns on identifying the defect, tracing it through the chain of distribution, and documenting the injury. This guide explains what these lawyers do, how California's strict product liability works, and what compensation an injured consumer can recover. If a defective product hurt you, call Cefali & Cefali at (949) 325-7790 for a free consultation.
A product liability lawyer is a personal injury attorney who represents people harmed by defective or dangerous products. They prove the product was defective, identify every responsible company in the chain of distribution, and pursue compensation for the victim's medical bills, lost income, and pain and suffering.
Product cases differ from ordinary injury claims because California law does not require the injured person to prove the company was negligent. That shifts the focus from "was the company careless" to "was the product defective and did it cause the harm." A product liability lawyer builds that proof, often working with engineers and other experts, and takes on well-funded corporate defendants and their insurers.
What does a product liability lawyer do?
A product liability lawyer investigates the defect, preserves the product as evidence, identifies the manufacturer and every seller in the distribution chain, retains experts to prove the defect and causation, and negotiates or litigates against corporate defendants to recover full compensation for the injured person.
In practice, the work usually includes:
Preserving the product. The defective item is the central piece of evidence, so it must be kept exactly as it is, not repaired or discarded.
Identifying the defendants. Liability can run to the manufacturer, a component-part maker, the distributor, and the retailer that sold it.
Proving the defect. This often requires engineering, medical, or industry experts and evidence such as recalls or complaint patterns.
Valuing the claim. Documenting current and future medical costs, lost earnings, and non-economic harm.
Handling the litigation. Negotiating with corporate insurers and taking the case to trial when the offer is not fair.
What is strict product liability in California?
Strict product liability means a manufacturer or seller is responsible for injuries caused by a defective product even if they were not negligent. California established this doctrine in Greenman v. Yuba Power Products (1963). The injured person must show the product was defective, the defect existed when it left the defendant's control, and the defect caused the injury.
This is the core reason product cases are different from most injury claims. In a car accident case, you prove the other driver drove carelessly. In a product case, you do not have to prove the company did anything careless at all, only that the product was defective and hurt you when used in an intended or reasonably foreseeable way. That lower burden is what makes strict liability such a powerful tool for injured consumers, and it is why California has been a national leader in consumer protection since Greenman.
What are the three types of product defects?
California recognizes three types of product defects: manufacturing defects, design defects, and warning defects (also called marketing defects). A product liability claim must fit at least one of these three categories, which the California Supreme Court defined in Barker v. Lull Engineering (1978).
Manufacturing defect
A manufacturing defect happens when a product is made incorrectly and comes out different from its intended design. The design is fine, but an error in production or assembly made that particular unit dangerous, such as a contaminated batch of medication or a brake part built with the wrong material.
Design defect
A design defect means the product is dangerous as designed, so every unit is unsafe even when manufactured perfectly. California uses two tests for design defects under Barker v. Lull Engineering: the consumer-expectations test (the product failed to perform as safely as an ordinary consumer would expect) and the risk-benefit test (the design's risks outweigh its benefits).
Warning defect (failure to warn)
A warning defect exists when a product carries a non-obvious risk and the maker fails to provide adequate warnings or instructions. The product may be designed and built correctly, but without a proper warning about a known danger, it is still legally defective.
Who can be held liable for a defective product?
In California, every business in the chain of distribution can be held strictly liable, including the manufacturer, the maker of a defective component part, the wholesaler or distributor, and the retail store that sold the product. This lets an injured consumer recover from any accessible defendant, even if the manufacturer is out of business or overseas.
Importantly, you do not have to be the person who bought the product to have a claim. Users, and even bystanders injured by a defective product, can recover. The main limit is that the product must have been used in a way that was intended or reasonably foreseeable, a manufacturer is generally not liable for a genuinely unforeseeable misuse of its product.
What kinds of defective products cause injuries?
Product liability claims can arise from almost any product, but the most common involve vehicles and auto parts, medical devices and drugs, children's products, household appliances, tools, and industrial equipment. Common examples include:
Defective vehicle parts: failed tires, faulty brakes, and defective airbags (such as the Takata and ARC airbag recalls)
Dangerous drugs and medical devices: contaminated medications, defective implants
Children's products: unsafe cribs, toys with hazards
Household and consumer goods: appliances that catch fire, defective batteries
Industrial and workplace equipment: machinery with missing safety guards
A recall or a pattern of complaints, such as those filed with the National Highway Traffic Safety Administration for vehicles, does not automatically win a case, but it can be strong evidence that a defect existed.
What compensation can you recover in a product liability claim?
An injured person can recover economic damages (medical bills, future care, lost wages, and reduced earning capacity) and non-economic damages (pain and suffering, disfigurement, and loss of enjoyment of life). California places no cap on these damages in an ordinary injury case. Where a company acted with malice or conscious disregard for safety, punitive damages under Civil Code section 3294 may also be available.
If a defective product causes a death, the victim's close family members can bring a wrongful death claim under Code of Civil Procedure section 377.60. And if you were injured by a defective product at work, you may have a third-party product liability claim in addition to workers' compensation, which can recover the pain-and-suffering damages that workers' comp does not cover.
How long do you have to file a product liability claim in California?
Under California Code of Civil Procedure section 335.1, you generally have two years from the date of injury to file a product liability lawsuit. The clock can sometimes start later under the discovery rule, when a hidden defect was not and could not reasonably have been discovered right away, but you should speak with a lawyer promptly to protect your rights.
When should you call a product liability lawyer?
Call a product liability lawyer as soon as you suspect a product caused your injury, and before you repair, return, or throw away the product. Preserving the item and getting an early investigation are often the difference between a provable claim and a lost one.
At Cefali & Cefali, we handle product liability claims for people injured by defective and dangerous products across California. We preserve the evidence, identify every liable company, work with the right experts, and take on corporate defendants and their insurers, on a contingency fee basis, so you pay no fee unless we win. Call (949) 325-7790 or contact us for a free consultation.
Michael Cefali is a dedicated accident attorney based in San Juan Capistrano, California, committed to securing justice and fair compensation for accident victims.
A graduate of Newport Harbor High School, he went on to earn his Bachelor’s degree in Global Studies and Maritime Affairs from the California Maritime Academy, followed by his Juris Doctor from Chapman University School of Law.
Deeply invested in his community, Michael is an active member of the Rotary Club of San Juan Capistrano, contributing to efforts that provide meals, housing, and support to those in need. Outside of his legal work and volunteer service, he enjoys fishing in Dana Point and spending time with his three rescue dogs—a Chihuahua, a Spaniel mix, and a Shepherd mix.
Driven by his strong belief in justice and fairness, Michael remains steadfast in advocating for individuals harmed by the negligence or inaction of others.
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