Thousands of Americans are hurt each year by products they trust to be safe. These injuries can happen because of any product—from a helicopter with manufacturing defects to a child's toy with parts that break off too easily.
When a harmful product causes injuries, those harmed may bring a product liability lawsuit against the responsible party (or parties). A product liability lawsuit is a legal claim brought against a manufacturer, distributor, or seller of a product that is allegedly defective or dangerous and has caused harm to a consumer.
The product liability lawyers at Wisner Baum have represented thousands of clients harmed by defective and dangerous products. Since 1985, we have won over $4 billion in verdicts and settlements across all areas of practice. If you need justice for the harm you suffered, we have the resources and experience to hold wrongdoers accountable and obtain maximum compensation for you and your family.
To speak with a product liability lawyer about your case, give us a call at (310) 207-3233 or fill out our contact form. Wisner Baum has law offices throughout California and we offer free case evaluations. If we do not win compensation on your behalf, you owe us nothing.
WHAT YOU SHOULD KNOW ABOUT PRODUCT LIABILITY CLAIMS
What Is a Product Liability Lawsuit?
When you buy something, it comes with hidden promises. The law calls these "warranties." These promises say the product will work as it should and be safe for normal use. If these promises are broken and you get hurt, you might have a product liability case, even if the company didn't mean to make something dangerous.
Think of a product liability lawsuit as a way to hold companies responsible when their products hurt people. It's like having a safety net for consumers. When you buy something, you expect it to be safe when used as intended. If it is unsafe and you are harmed, you can seek justice and accountability in a product liability lawsuit.
Product liability can be based on negligence but is often associated with strict liability. Negligence means a defendant failed to exercise reasonable care in a product's design, manufacture, or warnings. Strict liability is a bit different. This means the defendant can be held liable regardless of intent or knowledge of a defective product that caused harm.
Types of Product Liability
Manufacturing Defects
Sometimes, products are built wrong. Imagine buying a bicycle where the brakes weren't put together correctly at the factory. That's a manufacturing defect.
Design Flaws
Other times, the basic design itself is not safe. Picture a baby crib designed with gaps wide enough for a baby's head to get stuck. Even if the crib is built precisely as planned, the design itself is inherently dangerous.
Failure to Warn
Companies must tell you about important risks. When a company sells a product that injures you without clearly informing of the risk of harm, that is a failure to warn. This can include missing safety instructions on a product label or user manual, unclear explanations about potential dangers associated with using the product as intended, or simply not providing any product warnings.
Breach of Warranty
Breach of warranty happens when a product fails to meet the promises made by the manufacturer, either through explicit written guarantees or implied expectations of safety and performance. These promises can be about the product's quality, function, or safety, and when they are not fulfilled, the manufacturer may be legally responsible for any resulting harm or damage.
There are two main types: express warranties (specific written promises) and implied warranties (unspoken expectations that a product will work safely and as intended).
How to Prove Product Liability
To win a product liability case, you need to prove that:
- The product was dangerous when it left the defendant company’s hands, and;
- The danger caused harm.
Proving liability in a product liability claim can be complex. A seasoned product liability attorney can help you by:
- Gathering important evidence, like the damaged product itself.
- Obtaining medical records documenting your injuries.
- Hiring experts to demonstrate how the product was defective and dangerous.
- Showing that the defendant(s) failed to warn consumers about the danger and/or risk of harm.
- Prove that the defendant(s) knew or should have known about the risks to consumers.
Product Liability Claims in California
Not all product liability cases end up in federal court. In fact, most consumer product liability lawsuits are litigated in state courts, like the California state court system.
The following is true under California law:
You do not necessarily have to prove a company was negligent. In California, “strict liability” means if a product hurts you while you are using it normally, you can hold the company responsible without proving they were careless or negligent.
Your attorney simply needs to prove that the product was defective, you used it as intended, and you got hurt because of the defect.
You can sue anyone in the chain of distribution. California product liability law is unique in that you can file a lawsuit against any defendant, from the manufacturer all the way to the store that sold it. Most states have more limitations on who you can sue.
For example, you may bring a lawsuit in California against:
- A manufacturer that made a dangerous product
- A company that made any component parts of the dangerous product
- A wholesaler that distributed the dangerous product
- A retail store that sold the dangerous product
Each defendant may be 100% responsible (“jointly and severally liable”) for your economic damages. However, in California, each defendant is only responsible for their share of non-economic damages (such as pain and suffering) based on their percentage of fault. This is different from many states that:
- Limit liability to just the manufacturer
- Make you prove each company in the chain did something wrong
- Don't let you sue the retailer if they just sold the product without changing it
Plaintiffs can allege market share liability. In California, market share liability means that if you are hurt by a product but cannot identify which specific company made it, you can sue all the companies that made similar products during the relevant time period, and they may be held responsible based on their percentage of market share.
An example of market share liability is the DES cases (Sindell v. Abbott Labs). In this litigation, women alleged a drug caused their cancer their mothers took during pregnancy but could not identify which company made the specific pills their mothers used. California allowed them to sue all DES manufacturers and hold each responsible according to their share of the DES market at that time.
For market share liability to apply in California, a product liability lawyer must show:
- Companies made identical products (same formula/design).
- Claimants cannot identify the specific manufacturer despite reasonable efforts.
- A substantial share of the product manufacturers are named as defendants.
Market share liability is a powerful tool in California product liability cases. Most states do not allow market share liability.
Who Can Be Held Liable in a Product Liability Lawsuit?
In a product liability lawsuit, the manufacturer, distributor, retailer, or any other party in the supply chain can be held liable for defects in the product. Each party has a duty to ensure that the product is safe for consumer use, and failure to do so can result in legal consequences.
Common Types of Defective Products
A product liability lawsuit can stem from any consumer product. That said, the following types of products have previously been implicated in recalls and product liability claims:
Vehicles and Auto Parts
- Faulty airbags
- Defective tires prone to blowouts
- Unstable vehicles that roll over
- Brake failures
- Autopilot malfunction
- Fuel system problems that cause fires
Aircraft
Medical Devices
- Defective hip replacements
- Failed pacemakers
- Faulty insulin pumps
- Unsafe surgical mesh
- Dangerous heart valves
Pharmaceuticals
- Prescription drugs with hidden risks
- Over-the-counter medicines with undisclosed side effects
- Contaminated medications
- Wrong labeling on drugs
- Dangerous drug combinations
Children's Products
- Toys with choking hazards
- Cribs with dangerous gaps
- Car seats that fail in crashes
- Strollers that collapse unexpectedly
- Highchairs that tip over
- Toys made with toxic materials
Home Appliances
- Exploding pressure cookers
- Fire-prone dryers
- Tipping furniture
- Faulty water heaters
- Dangerous space heaters
- Defective smoke detectors
Tools and Equipment
- Power tools without proper guards
- Ladders that collapse
- Chainsaws with faulty chain brakes
- Lawn mowers that start unexpectedly
- Construction equipment without safety features
- Dangerous industrial machinery
Electronics
- Phones that overheat or explode
- Laptop batteries that catch fire
- Chargers that cause electrical fires
- Gaming devices with sharp edges
- Headphones with dangerous sound levels
Do I Have a Case If a Defective Product Injures Me?
You may have a valid product liability claim if a defective product has injured you. Below are some key indicators to help you understand whether you have a case:
- Other people have been harmed by the product that injured you.
- The product that injured you has been recalled.
- The product that injured you (or a component part) was implicated in a safety alert.
- You used the product as directed by the label or manual.
This is not an exhaustive list; it is just to give you an idea of what an attorney will look for during an initial consultation. The best way to determine if you have a case is to speak with a product liability lawyer who can evaluate the facts of your situation and advise you on the best course of action. Remember, most product liability lawyers offer free case evaluations, so you have nothing to lose by contacting us.
Does a Product Have to be Recalled for a Product Liability Lawsuit?
No, a product does not need to be recalled for you to file a product liability lawsuit.
Recalls and lawsuits are separate. You can sue over a product that was never recalled, and conversely, a recall does not automatically mean that you will win a product liability claim.
However, a recall can help your case because:
- It serves as evidence that the product was defective
- It shows the company knew about the problem
- It might show when the company learned about the defect
On the flip side, if you keep using a product after learning about a recall:
- It might hurt your case.
- The company might argue you “assumed the risk.”
- You might have trouble proving you used the product properly.
In short, while a recall can provide strong evidence of a product defect, your right to sue does not depend on whether a recall has occurred. The key is always whether the product was defective and caused your injury while being used normally, regardless of whether there was a recall.
Current Examples of Product Liability Cases
As of 2025, several large-scale product liability claims are awaiting final settlement approval or are still in litigation. Some of the largest ongoing product liability cases are:
3M Earplug Lawsuits: This is the largest current product liability litigation, with over 200,000 claims. Lawsuits allege 3M manufactured and sold defective earplugs that caused hearing loss and tinnitus among military service members and veterans. Last year, 3M announced a settlement worth over $6 billion.
Antipsychotic Lawsuits: Women who developed breast cancer after taking Risperdal, Invega, and Zyprexa are pursuing legal claims alleging the drug manufacturers failed to warn of the cancer risk.
Toxic Baby Food Lawsuits: Parents who fed their children baby foods from several well-known brands have filed lawsuits alleging that the defendant companies failed to warn about dangerous arsenic, lead, and mercury levels. Studies have shown that babies exposed to these toxic metals may develop autism or ADHD. The legal claims allege defective manufacturing, negligence, failure to warn consumers, and strict liability for design and manufacturing defects.
Zantac Cancer Lawsuits: Thousands of lawsuits allege drug maker defendants failed to warn about the risk of developing several types of cancer. While some of the defendants have settled cases, the litigation continues in courts throughout the country.
Johnson & Johnson Talcum Powder Lawsuits: Claims against J&J allege talcum powder products caused or increased their risk of developing ovarian cancer or mesothelioma.
Hair Relaxer Lawsuits: Thousands of claims have been consolidated in federal court alleging L’Oreal and other companies manufactured dangerous hair relaxer products containing harmful chemicals that can disrupt the endocrine system and cause cancer.
Roundup Cancer Lawsuits: While the majority of cases filed throughout the country have been settled, some cases are still in litigation. Roundup lawsuits allege Monsanto (Bayer) failed to warn consumers that the weed killer’s active ingredient can cause cancer.
Suboxone Lawsuits: The Suboxone litigation is in the early stages but already more than 650 claims have been filed in federal court. These lawsuits allege Suboxone film, which is used for the treatment of opiate addiction, causes dental erosion and tooth decay.
Depo Provera Lawsuits: This is another emerging litigation. Plaintiffs have filed suit against Pfizer alleging the company’s injectable birth control medication Depo Provera causes brain tumors called meningiomas.
How Much Can I Get in a Product Liability Claim?
The compensation you may receive in a successful product liability claim is tied to your claims for damages.
Economic Damages
- Medical Expenses: Covers everything from emergency room visits to surgeries, medications, and ongoing treatments.
- Example: A defective medical device leading to $250,000 in surgical corrections.
- Future Medical Treatments: Projected costs for long-term care or anticipated surgeries.
- Example: Ongoing physical therapy for a permanent injury caused by a faulty product.
- Lost Wages: Compensation for time away from work during recovery. This is calculated by the actual lost income plus potential future earning reductions.
- Example: Your injuries force you to leave the workforce temporarily or permanently.
- Lost Earning Capacity: Compensation for reduced ability to work or career changes.
- Example: A construction worker unable to continue physical work after a serious injury.
- Property Damage Repairs: Costs to replace or fix damaged property due to a faulty product.
- Example: A truck needs to be repaired due to a crash caused by a faulty tire.
Non-Economic Damages
- Pain and Suffering: Monetary compensation for physical pain and emotional trauma.
- Emotional Distress: Compensation for the psychological impact of the injury. This may include anxiety, depression, or PTSD.
- Loss of Life Enjoyment: Payment for inability to perform previous activities. A good example of this is a plaintiff who can no longer play sports or engage in hobbies they enjoyed prior to the harm they suffered.
- Mental Anguish: Compensation for psychological trauma.
- Permanent Disability: Long-term impact on quality of life.
- Disfigurement: Compensation for visible injuries or scarring.
Punitive Damages
Punitive damages are an additional financial penalty beyond actual damages designed to prevent or deter similar misconduct. While they are not available in every case, they can reach millions in cases of gross negligence.
How Much Does It Cost to Hire a Product Liability Attorney?
Many product liability attorneys work on a contingency fee basis, which means they only get paid if you win your case. The fees typically range from 33% to 40% of the settlement amount, but these percentages may vary depending on a variety of factors.
How to Find the Best Product Liability Lawyer
To find the best product liability lawyer for your case, consider the following tips:
- Look for attorneys with experience in product liability cases, not just general personal injury cases.
- Check their track record of success and client reviews.
- Schedule a consultation to discuss your case and evaluate their expertise.
- Trust your instincts and choose a lawyer you feel comfortable working with.
Remember, hiring the right lawyer can significantly affect the outcome of your product liability case. If you would like to learn more about your legal rights in a product liability claim, contact the attorneys at Wisner Baum today.
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