Product Liability: When Defective Products Cause Harm, Know Your Legal Options
When you buy a product—whether it’s a kitchen appliance, medication, vehicle, or even a children’s toy—you expect it to be safe. Unfortunately, defective products injure thousands of people each year in California. When that happens, you have legal rights.
At Cooc & Associates, we help clients in Oakland and the surrounding Bay Area hold manufacturers, retailers, and distributors accountable when their products cause harm. These cases fall under product liability law, which allows injured consumers to pursue compensation from companies that made, sold, or distributed unsafe products.
In this article, we’ll break down the three primary legal theories in product liability cases—strict liability, negligence, and breach of warranty—and explain what they mean for your rights.
What Is Product Liability?
Product liability refers to the legal responsibility of companies involved in the design, manufacture, distribution, or sale of a product to ensure that it is safe for use. When a product causes injury due to a defect or lack of safety warnings, the injured party may bring a claim under one or more legal theories:
Strict liability
Negligence
Breach of warranty
Unlike most personal injury claims, you don’t always need to prove negligence in product liability cases—thanks to California’s strict liability laws.
Strict Liability: The Foundation of Most Product Liability Claims
Strict liability is the most powerful legal tool in product liability law because it allows injured consumers to sue without proving the manufacturer acted carelessly.
Under strict liability, a company can be held responsible if:
The product was defective
The product was used as intended (or in a reasonably foreseeable way)
The defect directly caused your injury
This means the focus is on the product’s condition, not the company’s behavior. Even if the manufacturer took all possible precautions, they can still be liable if the product was unreasonably dangerous.
Example:
A space heater bursts into flames while being used properly in a bedroom, causing burn injuries. Even if the manufacturer followed standard procedures, they can still be held strictly liable if the design or materials were defective.
Negligence: When a Company Fails to Meet Safety Standards
While strict liability doesn't require you to prove fault, some cases may still be argued based on negligence—especially when there’s evidence that the company failed to act with reasonable care during:
Product design
Manufacturing
Quality control
Packaging
Safety inspections
Testing or labeling
Elements of Negligence:
To win a product liability claim under negligence, you must prove:
The company owed you a duty of care
They breached that duty by being careless or reckless
That breach caused the defect
The defect caused your injury
Negligence is often easier to prove when there’s a clear breakdown in safety protocols—for example, ignoring product testing results or failing to issue a recall after known reports of harm.
Example:
A car company becomes aware of faulty brake lines but delays issuing a recall. A driver crashes due to brake failure. This delay could support a negligence-based product liability claim.
Breach of Warranty: When a Product Fails to Live Up to Its Promises
A breach of warranty claim occurs when a product fails to meet the guarantees made by its seller or manufacturer. These guarantees can be express (clearly stated) or implied (automatically assumed under the law).
Types of Warranties:
Express Warranty: Statements made in ads, manuals, or packaging.
Example: “Safe for children under 3” or “shatterproof glass.”Implied Warranty of Merchantability: The product should work as expected for its intended purpose.
Example: A toaster should toast bread safely.Implied Warranty of Fitness for a Particular Purpose: If a seller recommends a product for a specific use, it must be suitable.
Example: A hiking boot advertised for icy trails shouldn't fall apart in snow.
If the product fails to meet these expectations and causes harm, you may have a valid breach of warranty claim.
Real-Life Examples of Product Liability Claims
Product liability can apply to a wide range of goods, including:
Consumer Electronics: Batteries that overheat and catch fire
Pharmaceuticals: Medications that cause undisclosed side effects
Automotive Parts: Airbags that fail to deploy during a crash
Children’s Toys: Small parts that pose choking hazards
Household Products: Cleaning chemicals lacking proper warnings
In each of these cases, victims may bring claims under strict liability, negligence, or breach of warranty—sometimes all three.
Who Can Be Held Liable?
Product liability isn’t limited to manufacturers. Anyone in the product’s supply chain could be held responsible, including:
Designers
Manufacturers of individual parts
Product assemblers
Wholesalers and distributors
Retail stores
This chain of liability ensures that injured consumers don’t bear the burden of figuring out which specific party was at fault.
What to Do After a Product Injury
If you've been injured by a defective product, preserving evidence and acting quickly is essential. Here’s what to do:
1. Keep the Product
Do not throw it away or attempt to fix it. Store the product, its packaging, receipts, and any manuals in a safe place.
2. Photograph the Injury and Product
Visual evidence can be powerful in showing both the extent of the injury and the product's condition.
3. Seek Medical Attention
Prompt treatment helps ensure your health and documents the injury. Keep copies of all medical records and expenses.
4. Do Not Contact the Manufacturer Yourself
They may try to offer a refund or ask you to sign away your rights. Speak with a lawyer first.
5. Contact a Product Liability Attorney
An experienced lawyer can investigate your case, connect with product safety experts, and handle negotiations or litigation on your behalf.
Damages Available in Product Liability Cases
If your claim is successful, you may recover compensation for:
Medical expenses
Lost income or earning capacity
Pain and suffering
Permanent disability or disfigurement
Emotional distress
Out-of-pocket costs
In some cases, punitive damages
The value of your case depends on the severity of the injury, the type of defect, and how the defect occurred.
Why Choose Cooc & Associates?
At Cooc & Associates, we understand the complexities of product liability law—and how overwhelming it can feel to go up against large corporations. That’s why we offer clear, compassionate, and strategic legal support from day one.
Here’s what sets us apart:
Deep experience in personal injury and product liability cases
Ability to handle strict liability, negligence, and breach of warranty claims
Fluent in English, Vietnamese, and Chinese to serve Oakland’s diverse community
Local knowledge of California consumer protection laws
We work closely with investigators, product engineers, and medical experts to build strong cases that hold negligent parties accountable.
Don’t Wait to Take Action
California’s statute of limitations for product liability claims is generally two years from the date of injury. Delays can make it harder to gather evidence or identify all responsible parties—so it’s best to contact a lawyer as soon as possible.