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Who Is Liable in a California Defective Product Liability Claim?

Kash Legal
11 Sep 2023
โ€ข  4 min read
Product liability claims are complex and require a thorough understanding of both state and federal laws. However, if you have been injured by a defective product, it is important to identify who is responsible for your injuries so that you can seek justice. The first step in any product liability case is to identify who is liable. In many cases, this could be a company, manufacturer, advertiser, or retailer. If you have suffered an injury due to a defective product in California, you may be entitled to pursue a product liability claim. Our law firm understands the importance of determining who is liable in such cases and can help you assess your case to find the best solution. We are here for you, and our team of experienced attorneys will work endlessly to ensure that you receive the compensation you deserve for any losses or damages incurred.

Which Parties Can Be Held Liable in Product Liability Cases?


The first step is determining who is liable for your case. Generally, this includes any entity involved in the manufacturing or sale of the product, including manufacturers, designers, suppliers, distributors, installers, and retailers. The responsibility may also include those who inspect or test products before they are sold. This will depend on the individual circumstances of your situation and could involve multiple parties, from the manufacturer of the product down to the retailer. The product designer may also be held accountable if they fail to take appropriate steps when creating or testing the item before it is released onto the market. Retailers must also ensure that the products they sell are safe and fit for purpose. Failure to do so could lead to them being held liable as well.

How Does Strict Liability Work in California?

Under strict liability laws in California, manufacturers and sellers are required to ensure that their products are safe from any defects before they are released into circulation on the market. If it is proven that they failed to do so and their product has caused an injury to someone, then they can be held strictly liable for any damages incurred by the victim due to their negligence in producing and selling such an item. This means that even if there was no negligence involved in using an item, the companies could still be held accountable for the consequences. These laws do not apply if a product is known to be inherently unsafe. According to the California civil code , this may not cover products that are known to be inherently unsafe.ย 

Elements of a California Defective Product Liability Claim

To make a successful claim against the manufacturer or seller of a dangerous or defective product, you and your lawyer must prove several elements in court. These elements include proving that:
  • The product was defective
  • The defect caused your injury
  • You were using the product as intended when you were injured
If all these requirements are met, you may have grounds for making a legal claim against the manufacturer or seller of the faulty product.

Contact a California Product Liability Lawyer

At Kash Legal, our firm is dedicated to providing effective legal advice and representation to those who have suffered from product liability. We understand that the situation can be complex and overwhelming for individuals and families and are here to provide the guidance and support needed throughout the entire process. We specialize in a variety of areas related to product liability, including defective design, manufacturing errors, failure to warn of potential hazards, and inadequate safety testing. If you have been injured due to a defective item, donโ€™t hesitate to contact us today, and one of our experienced attorneys will sit down with you to discuss how best to move forward with your case. Contact Kash Legal by calling us at (888) 527-4128 or filling out our contact form to arrange a free consultation.

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Kash Legal represents clients in a wide range of personal injury matters in California and Arizona, including car accidents, truck accidents, motorcycle accidents, Uber & Lyft accidents, pedestrian accidents, wrongful death cases, and catastrophic injuries, etc. If you were injured due to someone elseโ€™s negligence, our attorneys can evaluate your case and explain your legal options during a free consultation.

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The value of your case depends on several factors, including medical expenses, lost wages, future treatment needs, pain and suffering, and the extent of liability. Every case is unique. Our experienced California and Arizona personal injury lawyers will review your situation, calculate your damages, and fight to maximize your compensation.

In California, you generally get two years from the date of the crash to file. Miss it, and it doesn’t matter how strong your case is โ€” the court throws it out. But here’s what they don’t tell you: if a city, county, or government vehicle was involved, that window shrinks to just six months in California. Don’t gamble with the deadline. Car Crash? Get Kash. Call Kash Legal right now for a FREE consultation.

Most personal injury claims in Arizona have a two-year deadline. But if your crash involves a city, county, or government vehicle, you could have just 180 daysย to take action.
Miss the deadline, and even a legitimate claim could be gone. Donโ€™t wait until itโ€™s too late. Car Crash? Get Kash.ย Call Kash Legal for a FREE consultation.

The first 24 hours after a car crash can make or break your entire case. Here’s your checklist:

  • One: call 911 and get a police report.
  • Two: photograph everything โ€” cars, plates, the scene, your injuries.
  • Three: get names and numbers of witnesses.
  • Four: see a doctor today, even if you feel fine.

Adjusters use gaps in treatment against you. โ€œIf you were really hurt, why’d you wait?โ€ Don’t give them the ammo. Then call us before you talk to any insurance company. Get Kash. Call Kash Legal right now for a FREE Consultation.