What Should I Do if I Was Injured By a Defective Product at Home in California?

Legally reviewed by Ashley Wittliff, Esq. - California Personal Injury Law Firm, APC

Getting injured by a defective product in your own home can be unexpected and overwhelming. Whether it is a faulty appliance, dangerous consumer product, or defective tool, you may be entitled to compensation under California law. Product liability claims can be complex, especially when multiple parties are involved, so it is important to work with a knowledgeable Irvine product liability lawyer for skilled representation and legal advice.

Can I File a Claim if I Was Injured By a Defective Product at Home in California?

Yes, if you were injured by a defective product in your own home in California, you generally have the right to file a claim for compensation. The private location of the injury does not change your ability to pursue legal action.

The focus of the claim will be whether the product was legally “defective” and whether that defect was the direct cause of your injury. California product liability law is designed to hold manufacturers, distributors, and sellers responsible when they place an unreasonably dangerous product into the hands of consumers.

A product is considered defective if it is unreasonably dangerous when used as intended or in a way that is reasonably foreseeable. To understand if your specific situation qualifies for a product liability claim, it is essential to consult with an experienced attorney who can evaluate the facts and the nature of the defect.

What Types of Product Defects Can Lead to a Lawsuit?

In California, product liability claims generally fall into three categories of defects:

1. Design defects: This occurs when the product is inherently dangerous due to a flaw in its original design, even if it was manufactured perfectly. A product with a design defect could have been made safer with a reasonable alternative design, without significantly impairing its function or cost.
2. Manufacturing defects: This type of defect happens when the product deviates from the manufacturer’s intended design, making it dangerous. This is often an error that occurs during the assembly or production process, such as a batch of children’s toys containing a toxic material or a bicycle frame cracking due to incorrect welding.
3. Warning/marketing defects (failure to warn): This arises when a product is dangerous in a way that is not obvious to the user, and the manufacturer fails to provide adequate warnings or instructions about the product’s risks. This includes insufficient instructions for safe use or a lack of warning labels about potential hazards.

To establish a product liability claim, your attorney will determine which type or types of defect caused your injury and identify all responsible parties in the chain of distribution.

Who Can Be Held Liable for a Defective Product Injury in California?

California law allows liability to include anyone in the product’s chain of distribution. This often includes:

• The manufacturer: The company that designed or produced the product.
• The distributor/wholesaler: Any middle company that moved the product from the manufacturer to the retailer.
• The retailer: The store or entity that sold the product directly to the consumer.

Liability is based on strict liability, meaning in many cases, you do not need to prove negligence, only that the product was defective and caused your injury.