Product liability cases involve serious harms caused by something that was supposed to be safe — something designed, manufactured, and sold under the assumption that it wouldn’t fail you. These cases often involve complex questions about design flaws, defective materials, missing warnings, or the absence of adequate testing. They may require experts in engineering, toxicology, or safety standards. The companies involved are often large, well-defended, and quick to dispute fault. And yet, for the person who was injured, the impact is immediate, painful, and deeply personal.
At Siegal & Richardson, LLP, we have decades of experience taking on serious product liability cases throughout California. Below, we explain how these incidents occur, which parties may be legally responsible, the options available to you under California law, the kinds of compensation that may be recovered, and how a Berkeley product liability lawyer can help pursue full and fair justice on your behalf.
Major Types of Product Liability You Should Know About
Design Defects — Design issues occur when the fundamental structure or concept of a product introduces potential safety or functionality concerns. Even if every unit is made exactly as intended, the issue lies in how the product was originally envisioned.
When determining whether a product is defectively designed, the focus is often on whether theproduct performs in a way an average consumer would reasonably expect (California Civil Jury Instructions No. 1203) or whether the product’s design presents certain trade-offs between benefits and risks (CACI No. 1204).
Manufacturing Defects — Manufacturing issues refer to inconsistencies or flaws that arise during the actual production of a product (CACI No. 1201). In this case, the product design is not the problem — instead, the specific unit or batch deviates from how it was supposed to be built.
Based on CACI No. 1202, manufacturing defects happen when a product differs from the manufacturer’s specifications or from other typical items of the same kind. Such variations may result from incorrect materials, assembly errors, or omissions during fabrication.
Failure to Warn — Some products are reasonably safe when used with proper guidance, but may present risks if users aren’t adequately informed. Instruction and warning issues arise when important information about safe use, risks, or limitations isn’t clearly communicated.
According to CACI No. 1205, concerns in this category involve risks that were known or could have been known based on the scientific and medical knowledge available at the time. There are also situations where a product might require specific instructions to prevent misuse, especially when hazards are not immediately obvious to a typical user CACI No. 1222).
Failure to Disclose Ingredients and Allergens — Certain products — particularly food, cosmetics, or drugs — may cause reactions in individuals with allergies or sensitivities. If an ingredient isn’t something consumers would reasonably expect to find in the product, and a significant number of people are affected by it, that ingredient may need to be clearly disclosed (CACI No. 1206). There needs to be transparency when products contain substances that may provoke allergic reactions in the general population, even if the product functions as intended for others.
Breach of Contract — A product that appears complete and undamaged can still fall short of meeting its expected performance. California distinguishes between different kinds of expectations based on how the product is described or intended to be used:
- Written descriptions or promises that create a clear expectation about how a product will perform (CACI No. 1230).
- General expectations about a product being fit for its ordinary purposes and comparable in quality to others like it (CACI No. 1231).
- Expectations of a product being suitable for a specific purpose when the seller knows what that purpose is and the buyer relies on that understanding (CACI No. 1232).
These expectations don’t depend on any one person’s opinion — they’re based on common standards within commerce and consumer use.
Food Quality and Fitness — In the case of food or beverages, products are expected to be fit for human consumption. This doesn’t mean perfection — it means consumers should not encounter unexpected harm from something that appears acceptable (CACI No. 1233).
Integrated or Component-Based Products — When a product is made from many parts — such as vehicles, electronics, or complex machinery — problems can stem from how individual components were integrated into the final item. A component may function properly on its own but contribute to a larger issue when assembled into the whole. (CACI No. 1208).
Post-Sale Developments and Modifications — Product concerns can also emerge after the product has been sold or rented. These include:
- Post-sale updates: If new safety concerns become apparent after distribution, updates, warnings, or retrofits may be needed (CACI No. 1223).
- Rental equipment and loaned items: Products made available through rentals or lending may require extra care to ensure they remain safe for continued use (CACI No. 1224), especially when used by multiple people over time.
Common Injuries Caused by Defective Products
Burns and Explosions — Fires and chemical reactions can cause serious burns when a product overheats, leaks, or explodes. You might suffer skin damage, nerve injuries, or permanent scarring. California law recognizes the risks associated with heat, flame, and hazardous substances involved in consumer products.
Organ and Internal Damage — Some products release harmful materials into your body through inhalation, skin contact, or swallowing. This can lead to long-term harm to your lungs, kidneys, liver, or other organs. Under California Proposition 65, certain chemicals known to cause reproductive harm or cancer must be disclosed to consumers.
Amputations and Crush Injuries — Sharp, fast-moving, or heavy products can crush bones or even result in loss of limbs. These injuries are common when safety guards or controls fail. California Labor Code § 6306 emphasizes the need to identify and prevent physical dangers tied to machinery and equipment.
Brain and Head Trauma — If your head strikes a surface or gets hit by a falling object, you may experience a concussion or traumatic brain injury. These injuries affect memory, balance, and coordination, and can have lifelong effects.
Child Development Harm — Products made for infants and children can interfere with physical or mental development. Even small exposures to toxic elements like lead are a serious concern under California Health and Safety Code § 108555.
Where Defective Products Are Most Likely to Harm You in Berkeley
Inside Your Home — Many injuries from faulty products happen right where you live. Everyday items like kitchen appliances, cleaning chemicals, power tools, or even space heaters can cause serious harm if they’re made or labeled incorrectly. Children’s toys, cribs, and electronics also carry risks when they’re not properly tested for safety. Even furniture, if designed poorly, can tip over and cause injury. Under California Health and Safety Code § 108555, products marketed for use at home—especially for children—are expected to meet safety standards that protect you and your family.
On the Job — If you use machines, tools, or protective equipment at work, you’re at risk if any of those products fail. Construction, lab, and manufacturing settings in Berkeley often involve heavy-duty tools or chemical materials that can be dangerous if something malfunctions. California Labor Code § 6401 calls for employers to identify and correct unsafe equipment, but injuries still happen when products fail unexpectedly.
On the Road — Cars, motorcycles, e-bikes, and scooters can cause injury if something like the brakes, tires, or batteries don’t work the way they should. Transportation-related product defects are especially dangerous because they often lead to high-speed accidents. California Vehicle Code § 24002 prohibits unsafe vehicles from being operated, but you still have to rely on safe manufacturing and parts.
At School or On Campus — Students at UC Berkeley and nearby schools use science gear, lab tools, vending machines, and dorm furniture—any of which could cause injury if poorly made. Product safety in school environments is guided by expectations laid out in California Education Code, which aims to prevent dangerous conditions in educational settings.
Who Can Be Held Responsible For Defective Products in California
Manufacturers — California places the primary focus of product responsibility on the manufacturer — the party that designs, assembles, labels, or produces the final product. This includes both domestic and foreign manufacturers.
Under strict liability doctrine (reflected in CACI Nos. 1200–1205), a manufacturer can be held responsible for harm caused by design defects, manufacturing defects, or a failure to provide adequate warnings, even if they exercised reasonable care. In addition, CACI No. 1230 and related instructions address warranty claims when a product does not perform as promised.
Importantly, California Civil Code § 1714.45 provides a limited defense for manufacturers of “inherently unsafe” consumer products, such as alcohol, tobacco, or sugar. However, this protection only applies when the product is common to personal consumption, the risk is open and obvious, and the product performs as expected.
In nearly all other cases, if a product causes harm while being used in a reasonably foreseeable way, manufacturers are the first and most likely parties to face legal scrutiny.
Retailers and Distributors — Big-box stores, online marketplaces, and local shops can also be held strictly liable for defective products, even if they did not make or alter the product themselves.
Under California law, anyone in the chain of distribution may bear responsibility. That includes wholesalers, jobbers, brokers, and delivery companies who facilitated the movement of the product from the manufacturer to the end user.
The rationale, reflected in CACI No. 1200 and No. 1231, is that these businesses profit from placing goods into the stream of commerce, and therefore share responsibility for their safety. Furthermore, California Commercial Code § 2314 and § 2315 recognizes implied warranties of merchantability and fitness for a particular purpose, which retailers and distributors may breach when selling unsuitable or unsafe products.
Retailers may also be liable under negligence theories (CACI No. 1221 and No. 1222) if they fail to inspect or warn of known dangers, especially when they offer guidance, demonstrations, or assurances about a product’s safety.
Importers and Wholesalers — When a defective product is manufactured outside the United States and then sold in California, the importer or national distributor that introduced the item into the U.S. market can be treated as the functional manufacturer for purposes of liability.
California courts have consistently held that importers cannot insulate themselves by claiming they’re merely intermediaries. They are responsible for ensuring that foreign-made goods comply with California’s safety, labeling, and packaging standards.
Component or Parts Manufacturers — Some injuries result not from the failure of the entire product, but from a defective component — such as a power adapter, seatbelt, or electronic chip — integrated into a larger device or system.
According to CACI No. 1208, a component maker can be held accountable if it substantially participated in the integration of its part into the final product, and that integration contributes to a defect. The key question is whether the component contributed to the product’s overall defectiveness — either by failing on its own, or by interacting with other parts in a hazardous way.
Advertising, Labeling, and Packaging Firms — Liability may also arise from how a product is presented or described, especially if marketing materials or packaging misrepresent safety, omit crucial instructions, or create false expectations about how a product works.
Although these firms may not design or manufacture the product, their participation in the communication of risk can be a central issue. If an ad campaign, instruction manual, or label creates confusion or fails to include necessary cautions, the company behind that material may face claims, especially where their actions influenced the consumer’s understanding of the product.
Employers (in Limited Cases) — Workplace injuries involving defective products are generally handled through California Workers’ Compensation. However, there are narrow exceptions where employers may be named in separate product-related claims — particularly when they:
- Knowingly provide unsafe or modified equipment, or
- Manufacture or alter the product themselves, or
- Remove or override safety features without warning employees.
In such cases, additional theories may apply, such as employer negligence, intentional misconduct, or dual-capacity doctrine.
Questions People Ask About Product Liability in California
How do I know if I need a Berkeley product liability lawyer?
If you were injured by a product and don’t know where to start, a Berkeley product liability lawyer can investigate what went wrong, collect evidence, and explain your options under California law — so you’re not left figuring it out alone.
Can a Berkeley defective product attorney help with insurance?
Yes. A Berkeley defective product attorney will deal directly with insurers who deny or underpay claims. They’ll prepare strong documentation, challenge coverage issues, and work to get full compensation without you having to handle the stress of negotiations.
What does a Berkeley product liability attorney actually do?
They review the design, testing, and manufacturing history of the product, consult experts, and gather proof that ties your injury to the defect. A Berkeley product liability attorney also prepares your case for trial if a fair settlement isn’t offered.
Do I need a Berkeley wrongful death lawyer if someone died?
If a defective product caused a loved one’s death, a Berkeley product injury lawyer can help file a wrongful death claim. They’ll pursue funeral costs, lost support, and other damages under California law so your family isn’t left unprotected.
Can I sue if I didn’t buy the defective product?
Yes. California doesn’t require you to be the buyer. If you used the product and were hurt, you may still have rights. California Civil Code § 1714.45 supports claims by users, not just purchasers, of defective products.
What if I lost the product that injured me?
You may still have a case even without the product. Photos, receipts, witness accounts, or medical records might be enough. Your lawyer will help gather alternative evidence and determine whether your claim is still strong under California law.
Do I need to prove fault in a product injury case?
No. Under California Civil Code § 1714.45, California’s strict liability rule means you don’t need to prove negligence — only that the product was defective and caused your injury while you were using it in a foreseeable way.
Is there a time limit to file a product injury lawsuit?
Yes. You generally have two years from the date of injury to sue under California Code of Civil Procedure § 335.1. After that, the court may bar your claim — so act quickly to protect your rights.
Can I sue a store that sold a dangerous product?
You can. In California, sellers, distributors, and retailers may all be responsible for putting a dangerous product in your hands. Your lawyer will figure out who to include in the claim based on how the product reached you.
What kind of compensation can I get for a product injury?
You can pursue damages for medical bills, lost income, pain, emotional distress, and more. In wrongful death cases, family members may also recover funeral expenses and loss of support under California’s civil laws. Every case depends on your losses.
Berkeley Product Liability Lawyer
If you’ve been hurt by a dangerous or defective product, you’re facing more than just physical recovery — you’re facing an uphill legal fight that requires skill, experience, and strength. At Siegal & Richardson, LLP, our experienced Berkeley personal injury lawyers are ready to step in and stand up for you. These cases are often technical, high-stakes, and aggressively defended by large manufacturers or corporations. You need a law firm that knows how to break through that resistance and fight for what you’ve lost — and won’t be intimidated by who’s on the other side.
We’ve spent decades representing people like you, not big companies. When you contact us, we’ll listen closely, examine your case with care, and give you straight answers about your legal options. To speak with a product liability lawyer in the San Francisco Bay Area, contact Siegal & Richardson, LLP by calling (510) 271-6720 or contacting us online for a free consultation.