Design defects
A design-defect claim concerns a problem in the product’s design, rather than a single mistake on the production line. The applicable legal test depends on the product and facts.
A product you trusted caused an injury. Now there are medical bills, unanswered questions, and a manufacturer with its own legal team. Talk with Scranton Law Firm about what happened, what to preserve, and your next steps.
A serious injury does not, by itself, tell you why a product failed. Keep the item and its packaging so the facts can be investigated.
A design-defect claim concerns a problem in the product’s design, rather than a single mistake on the production line. The applicable legal test depends on the product and facts.
A manufacturing-defect claim concerns a product that differs from its intended design or from other units made to the same specifications.
A warning-defect claim may involve inadequate instructions or warnings about a known or knowable risk. Not every missing warning creates liability.
Legal background: California civil jury instructions, product liability (CACI 1200 series)
Brakes, steering components, seat systems, and other parts involved in a crash. Preserve the vehicle and ask about an inspection before repairs or salvage.
Tread separation, tire failures, and airbags that fail to deploy or deploy unexpectedly. Save damaged components and the vehicle identification number.
Battery fires, charging incidents, and electrical failures. Do not handle or move a damaged lithium-ion battery without safety guidance. Explore our California e-bike and e-scooter crash study.
Toys, cribs, strollers, car seats, and other products used by children. Record the model, date code, and any recall information.
Questions involving contamination and injury require careful review of the product, testing, medical evidence, and individual circumstances. Read about baby food claims.
Appliances, power tools, electronics, furniture, and everyday products associated with fires, burns, falls, or other injuries.
Questions involving drug risks, warnings, and injuries. Talk to your prescriber before changing medication. See our dangerous drugs page.
Medical-device concerns can also be discussed during a case review.
For some defective-product claims, an injured person does not need to prove that a defendant acted carelessly. The claim still requires proof of the applicable elements, including a defect and a causal connection to the injury.
A negligence claim focuses on whether a business failed to use reasonable care in activities such as designing, manufacturing, or supplying a product, and whether that failure caused harm.
An express or implied warranty may provide another basis for a claim. Which warranties apply, notice requirements, and available remedies depend on the transaction and facts.
California personal-injury lawsuits generally have a two-year filing period under Code of Civil Procedure section 335.1. Accrual, delayed discovery, tolling, and other rules can change the deadline. Warranty and government-related claims may follow different deadlines. Ask an attorney to calculate yours promptly.
Sources: CACI product liability instructions · CCP § 335.1 · Commercial Code § 2314
Depending on the facts and legal theory, a manufacturer, component maker, distributor, or retailer may be a potential defendant. An investigation should identify the product’s supply chain and what each business did.
A proven injury claim may include medical expenses, lost earnings, and non-economic harm such as pain and suffering. Available damages depend on the evidence and applicable law; no dollar amount can be promised.
If a defective product contributed to a death, eligible survivors and the estate may have different claims, with different rules and damages. A lawyer should evaluate both rather than assume every family member has the same rights. Read our guide to wrongful death and product liability.
Put safety first. Follow medical advice and keep records of treatment and symptoms. Call emergency services for a fire or immediate danger.
Do not repair, discard, disassemble, return, or send the product to an insurer or manufacturer before discussing evidence preservation with counsel. Do not keep a hazardous item in an unsafe location.
Keep receipts, order confirmations, packaging, manuals, warnings, warranties, model and serial numbers, and communications with the seller.
Document the product, damage, scene, labels, injuries, and surrounding conditions without creating a new hazard. Save original files and witness contact details.
Search CPSC recalls, NHTSA vehicle recalls, or FDA safety alerts. Record what you find and the date.
Bring your records and explain how the product was used. We can discuss what an investigation would involve and whether we can help.
See the Top 10 infamous defective product cases and the issues behind them. Those cases do not predict an individual outcome.
Speak with our Concord-based team about an injury involving a product in Northern California or elsewhere in the state. Request a free case review.
Learn about clients' experiences in our Scranton Law Firm reviews.
No recall is required for every product liability claim. A recall does not, by itself, prove that a defect caused a particular person’s injury. The product, injury, and legal requirements still need to be evaluated.
Depending on the facts and claim, a manufacturer, component maker, distributor, or retailer may be responsible. Liability is not automatic merely because a business appears in the supply chain.
Save any remaining packaging, receipts, photos, model numbers, and communications. Missing evidence can make an investigation harder, but a lawyer can assess what other evidence is available.
California personal-injury claims generally have a two-year filing period, but the start date and exceptions depend on the facts. Warranty and other claims may use different rules. Get an individual deadline review rather than relying on a general rule.
How a product was used, whether that use was reasonably foreseeable, and whether misuse or alteration contributed to the injury can affect a claim. A departure from instructions does not answer every liability question.
The case review is free. Scranton Law Firm handles accepted injury cases on a contingency-fee basis, with no attorney fee unless compensation is recovered. Court costs and case expenses are addressed in the written fee agreement.
General information, not legal advice. The facts and applicable law determine your options.
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