Product Liability
When a defective product causes injury, the manufacturer, distributor, or retailer may be liable under product liability law. California and Arizona recognize three theories of defect: design defects, manufacturing defects, and failure to warn. You do not need to prove negligence — strict liability applies in many product injury cases.
This information is for educational purposes only and does not constitute legal advice. Availability varies by state and case type.
8
Immediate steps
21
Evidence items
Common injuries
Burns and Chemical Injuries, Broken Bones, Traumatic Brain Injury +2 more
Common Causes
Manufacturing Defects
An error in the manufacturing process causes a specific product to deviate from its intended design, creating a dangerous condition.
Design Defects
The entire product line is inherently dangerous because of a flaw in the design itself — even if manufactured exactly as intended.
Failure to Warn
A product that poses non-obvious dangers without adequate warnings, instructions, or safety labels can create liability for the manufacturer.
Defective Vehicle Components
Tire blowouts, brake failures, airbag malfunctions, and other automotive defects cause serious accidents and injuries.
Dangerous Consumer Products
Household appliances, power tools, children's toys, and electronics that malfunction and cause burns, lacerations, or other injuries.
Pharmaceutical and Medical Device Defects
Dangerous drug side effects inadequately disclosed, and defective medical devices implanted in patients, are significant sources of product liability claims.
Food Contamination
Foodborne illness caused by contaminated food products can support product liability claims against manufacturers and distributors.
Likely Injuries
These types of accidents are frequently associated with the following injuries. Select an injury to learn more.
What To Do Immediately
- 1
Seek medical care
CriticalGet evaluated and treated for your injuries. Document the cause of injury in your medical records as specifically as possible.
- 2
Preserve the defective product
CriticalThis is the most critical step. Do not discard, repair, or alter the product that caused your injury. It is the primary piece of evidence in a product liability case.
- 3
Preserve all packaging and documentation
CriticalKeep the original packaging, instructions, warranty cards, and any receipts or purchase records.
- 4
Photograph everything
ImportantDocument the product, the defect (if visible), your injuries, and any damage to property. Photograph from multiple angles.
- 5
Check for recalls
ImportantSearch the product on the CPSC recall database (cpsc.gov) and the manufacturer's website. An existing recall can significantly support your claim.
- 6
Identify other potential victims
HelpfulIf you are aware of others injured by the same product, documenting this can support a pattern-of-defect argument or connect you to a broader litigation.
- 7
Report to the appropriate agency
HelpfulReport consumer product injuries to the CPSC (saferproducts.gov). Report pharmaceutical or medical device injuries to the FDA.
- 8
Keep all medical and financial records
ImportantDocument all treatment costs, lost wages, and any other expenses related to the product injury.
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Evidence Checklist
Check off items as you collect them. Critical items should be gathered as soon as possible after the accident.
Product Evidence
CriticalIncident Documentation
CriticalRecall and Safety Records
ImportantMedical Documentation
CriticalFinancial Records
ImportantTimeline Risks
Key deadlines and time-sensitive actions. Missing these windows can significantly affect your options.
- 1
Immediately
Product may be discarded or repaired
Preserve the defective product exactly as it was at the time of injury. This is the most critical step and cannot be undone if missed.
- 2
Within 30 Days
Product recall investigation windows
Check for existing recalls. Report your injury to CPSC or FDA as applicable to create an official record.
- 3
Within 2 Years (California)
Statute of limitations for product liability personal injury
California has a 2-year personal injury statute of limitations from the date of injury.
- 4
Within 2 Years (Arizona)
Statute of limitations for product liability personal injury
Arizona also has a 2-year personal injury statute of limitations for product liability claims.
- 5
10 Years (Statute of Repose)
Some states have an outer time limit regardless of discovery
Some product liability claims have an outer statute of repose independent of when you discovered the injury. Consult an attorney for your specific situation.
Insurance Issues to Know About
Strict liability — no negligence required
In California and Arizona, manufacturers can be held strictly liable for defective products that cause injury. You do not have to prove the manufacturer was careless — only that the product was defective and caused your injury.
Multiple parties in the supply chain
Liability can extend to designers, manufacturers, component part makers, distributors, and retailers. Identifying the right parties is a key step.
Defense of misuse or modification
Manufacturers may argue the product was used in an unintended way or was altered by the user. Documenting the normal and intended use of the product at the time of injury counters this defense.
Class actions and mass tort litigation
If many people have been injured by the same product, class action or mass tort litigation may be pending. An attorney can advise whether joining existing litigation makes sense.
When You May Benefit From Speaking With a Lawyer
You are not required to hire an attorney. But in some situations, speaking with a lawyer experienced in personal injury matters can help protect your options. This is educational information, not legal advice.
- You were injured by a product that malfunctioned or was defective
- The product has an active recall you were not notified about
- Your injuries required medical treatment or resulted in significant expenses
- A pharmaceutical drug or medical device caused unexpected harm
- You want to preserve the evidence before it is compromised
- You are aware of others injured by the same product
State-Specific Notes
California
- Statute of limitations: 2 years from date of injury for personal injury claims
- Fault rule: Pure comparative fault — you can recover even if partially at fault, reduced by your percentage
- Insurance minimum: $30,000/$60,000/$15,000
Arizona
- Statute of limitations: 2 years from date of injury for personal injury claims
- Fault rule: Pure comparative fault — your recovery is reduced by your share of fault
- Insurance minimum: $25,000/$50,000/$15,000
Laws vary by state and are subject to change. The above is general educational information only and may not reflect recent legislative changes. Consult a licensed attorney in your state for advice specific to your situation.