Products Liability Attorney — Glendale & Los Angeles
California imposes strict liability on everyone in the chain of distribution. A retailer who never touched the design can be liable alongside the manufacturer — which is why indemnity and tender are the first issues in every case.
What are the types of product defect claims in California?
California recognizes three theories: manufacturing defect, where a product departs from its intended design; design defect, evaluated under the consumer expectations test or the risk-benefit test; and failure to warn, where a foreseeable risk was known or knowable and not adequately disclosed. Strict liability applies to manufacturers, distributors, and retailers in the chain of distribution.
Product Defect Claims and Chain-of-Distribution Defense
California strict product liability reaches the entire commercial chain. A distributor or retailer that merely sold a sealed product can be named alongside the manufacturer, and the practical resolution usually runs through indemnity, additional insured status, and tender to upstream parties. For a downstream defendant, the first weeks are about getting out or getting defended, not about the merits of the defect.
Design defect claims are evaluated under two alternative tests. The consumer expectations test asks whether the product performed as safely as an ordinary consumer would expect. The risk-benefit test shifts the burden to the defendant to show that the design's benefits outweigh its risks, weighing feasible alternative designs. Which test applies depends on the product's complexity and is frequently disputed before it is tried.
Failure to warn claims are the most common and often the most difficult to defend, since they turn on what was known or knowable at the time of distribution and whether the warning given was adequate for the foreseeable user. These claims overlap with general liability exposure and with supply agreement indemnity terms negotiated long before the incident.
330 North Brand Boulevard, Suite 1280
Glendale, California 91203
Los Angeles County Superior Court, including the Glendale and Stanley Mosk courthouses.
Injury claims, product defect litigation, and liability defense in the Los Angeles County courts.
Product Liability Matters We Handle
For injured claimants and for manufacturers, distributors, and retailers in the California chain of distribution.
Design Defect Claims
Consumer expectations and risk-benefit analysis, feasible alternative designs, and the expert proof each test requires.
Manufacturing Defect Claims
Departure from intended design, quality control and process evidence, and identifying the point of failure in production.
Failure to Warn
Adequacy of warnings and instructions, foreseeable misuse, the sophisticated user doctrine, and state-of-the-art evidence.
Retailer & Distributor Defense
Tender to manufacturers and upstream suppliers, indemnity and additional insured claims, and early dismissal where available.
Recall & Regulatory Issues
Reporting obligations, recall coordination, and the evidentiary treatment of subsequent remedial measures.
Supply Chain Indemnity
Enforcing indemnity, insurance, and defense obligations under distribution and supply agreements, including cross-border suppliers.
Product Cases That Reach Our Office
Composite examples drawn from the kinds of matters this practice handles. They illustrate common fact patterns and are not descriptions of specific client cases or predictions of any result.
The Retailer in the Middle
A Glendale retailer is named in a suit over a product it sold sealed and never modified. The defense strategy is tender and indemnity against the manufacturer and importer, pursued immediately rather than after discovery.
The Missing Product
The allegedly defective item was discarded after the incident. Both sides face proof problems, and the spoliation issue frequently becomes as significant as the defect analysis.
The Overseas Manufacturer
The manufacturer is offshore with no U.S. presence and no meaningful insurance. Exposure concentrates on the importer and distributor, and the indemnity terms in the supply agreement decide the outcome.
When a Product Claim Needs Counsel
- A product failure has caused injury or significant property damage.
- You have been named in a suit over a product you sold or distributed.
- An upstream supplier has refused a tender of defense.
- A regulator or the CPSC has made an inquiry about your product.
- A recall is being considered or has been announced.
- The product itself may be discarded or altered before it can be examined.
What to Do First
Preserve the product
The item, its packaging, warnings, and any remnants are the central evidence. Preserve them unaltered and document the chain of custody.
Tender immediately
Downstream defendants should tender to upstream suppliers and insurers as soon as a claim appears. Late tender jeopardizes both indemnity and coverage.
Collect the documentation
Manuals, warnings, purchase records, and any prior complaints about the same product line frequently determine the case.
Products Liability — Questions California Clients Ask
What claimants, retailers, and manufacturers ask about California product liability exposure.
What is products liability under California law?
Products liability is the area of law governing the responsibility of manufacturers, distributors, and sellers for injuries caused by defective products. California recognizes claims based on manufacturing defects, design defects, and failure to warn, and applies a strict liability standard in many product defect cases.
What is the difference between a manufacturing defect and a design defect?
A manufacturing defect occurs when a product departs from its intended design due to an error in production, making that particular unit dangerous. A design defect exists when the product's design itself is unreasonably dangerous, affecting the entire product line even when manufactured exactly as intended.
What is strict liability in a products case?
Under California's strict products liability doctrine, an injured party generally does not need to prove the manufacturer was negligent — only that the product had a defect that caused the injury while being used in a reasonably foreseeable way. This makes recovery possible without proving carelessness in the manufacturing process.
What is a failure-to-warn claim?
A failure-to-warn claim arises when a product carries non-obvious risks that the manufacturer knew or should have known about, and failed to provide adequate warnings or instructions. Even a well-designed and well-manufactured product can give rise to liability if the necessary warnings were inadequate.
Who can be held liable in a products liability case?
Liability can extend along the entire chain of distribution — including the manufacturer of the product, the manufacturer of a component part, distributors, wholesalers, and retailers. California allows injured parties to pursue claims against multiple parties in the distribution chain.
What defenses are available in a products liability claim?
Common defenses include arguing that the product was not defective, that the injury resulted from misuse or unforeseeable use, that the product was altered after leaving the defendant's control, that the claimant assumed a known risk, or that the statute of limitations has expired.
What is the statute of limitations for a products liability claim in California?
Products liability claims involving personal injury generally must be filed within two years of the injury, while claims for property damage typically have a longer period. The exact deadline depends on the legal theory and the nature of the harm, so prompt legal consultation is important.
When should a business consult an attorney about products liability?
Businesses should consult an attorney when developing a new product, when a defect or safety concern is identified, when a claim or lawsuit is threatened or filed, or when reviewing supplier and distribution agreements. Early legal involvement helps manage risk and structure appropriate indemnification and insurance protections.
Who can be sued for a defective product in California?
Strict liability reaches everyone in the chain of distribution — the manufacturer, distributor, wholesaler, and retailer — even a seller who never opened the packaging. That is why a retailer or distributor named in a suit should tender to upstream suppliers and their insurers immediately, relying on indemnity and additional insured provisions in the supply agreement to shift the defense where it belongs.
Local Representation
Product cases involving Los Angeles County parties are heard in the county courts or in the federal court for the Central District of California.
Talk to a Litigation Attorney
Preserve the product and tender upstream immediately. Both decisions are difficult to fix later.