San Francisco Product Liability Lawyer

A defective product can cause a serious injury even when the person using it did nothing wrong. Machinery can malfunction. A power tool can fail unexpectedly. A battery can ignite. A vehicle component can break during a collision. A safety device can fail when it is needed most.

When an unsafe product causes an injury, California law may allow the injured person to pursue compensation from companies responsible for putting that product into the marketplace.

Anderson Franco Law represents people injured in San Francisco and throughout the Bay Area in serious personal injury cases, including claims involving defective products, machinery, equipment, and vehicle components.

Product liability cases are different from ordinary accident claims. The central question is often not simply whether someone acted carelessly. It may be whether the product itself was defective, whether adequate warnings were provided, when the defect developed, and which companies participated in manufacturing and distributing the product.

Attorney Anderson Franco personally handles the cases the firm accepts. Before representing injured people, Anderson defended insurance companies in negligence cases. He now uses that experience to investigate serious injury claims, anticipate defenses, and develop the evidence necessary to establish liability and damages.

Call or text (415) 727-1832 for a free consultation.

What Is a Product Liability Claim in California?

A California product liability claim may exist when a defective product causes an injury.

Depending on the facts, claims can involve manufacturers, distributors, retailers, component manufacturers, assemblers, and other businesses responsible for placing a dangerous product into the stream of commerce.

California recognizes strict products liability in appropriate cases. Strict liability is important because an injured person does not always have to prove that a manufacturer was careless in the same way negligence must ordinarily be proven.

But “strict liability” does not mean automatic liability.

The injured person must still establish that the product was defective, that the defendant was legally responsible for the product, that the defect caused or contributed to the injury, and that the injury resulted in legally recoverable damages.

Product cases may also include separate claims based on negligence, breach of warranty, or other legal theories depending on the circumstances.

What Are the Three Main Types of Product Defects?

California product liability cases commonly involve three categories of defects:

Manufacturing Defects

A manufacturing defect occurs when a particular product is made differently from its intended design or specifications.

The design itself may be safe, but something goes wrong while the individual product is being manufactured or assembled.

Examples may include:

• a power tool assembled with a defective component;
• a tire manufactured with an abnormal weakness;
• machinery containing an improperly installed part;
• a ladder with a defective joint or fastener;
• a safety device that was incorrectly assembled; or
• equipment that leaves the factory missing an essential component.

Manufacturing-defect cases often require comparing the failed product with the manufacturer’s specifications, design documents, or properly manufactured units of the same product.

Design Defects

A design defect involves a problem with the design itself rather than an isolated manufacturing mistake.

That means products manufactured exactly according to the design may still present an unreasonable safety risk.

California courts recognize different methods for evaluating whether a product was defectively designed. Depending on the circumstances, the analysis may involve whether the product performed as safely as an ordinary consumer reasonably would expect or whether the benefits of the challenged design outweighed the risks associated with that design.

Design-defect cases can be technically complex. Engineers or other qualified experts may need to examine the product, reconstruct what happened, evaluate alternative designs, and determine how the challenged design contributed to the injury.

Failure to Warn or Inadequate Instructions

A product can also be defective because the manufacturer or seller failed to provide an adequate warning about a danger associated with its use.

These cases can involve:

• warnings that were missing altogether;
• warnings that did not identify a significant danger;
• instructions that failed to explain how the product could be used safely;
• warnings placed where a reasonable user was unlikely to see them; or
• known or scientifically knowable risks that were not adequately communicated.

Not every possible danger requires a warning, and failure-to-warn claims are highly dependent on the facts. The nature of the risk, what was scientifically known or knowable, the instructions provided, and whether an adequate warning would have changed what happened can all become important.

What Products Can Lead to a Product Liability Case?

Almost any type of product can potentially cause an injury when it contains a dangerous defect.

Claims we may evaluate include injuries involving:

• construction equipment;
• industrial machinery;
• power tools;
• ladders and work equipment;
• forklifts and material-handling equipment;
• vehicle parts and components;
• tires and wheels;
• brakes and steering components;
• seat belts and other vehicle safety systems;
• batteries and charging equipment;
• electrical products;
• household appliances;
• furniture and consumer products;
• safety equipment; and
• other mechanical or manufactured products.

The fact that a product was involved in an accident does not by itself establish a product liability case. The investigation must identify what failed, why it failed, and whether that failure actually caused the injury.

Who Can Be Responsible for a Defective Product?

A product liability investigation should look beyond the company whose name appears on the product.

Depending on the circumstances, potentially responsible parties may include:

• the product manufacturer;
• a component-part manufacturer;
• a distributor;
• a retailer;
• an importer;
• a company that assembled or modified the product; or
• another business whose conduct contributed to the dangerous condition.

California product liability law can impose liability on businesses within a defective product’s chain of distribution even when the injured person did not purchase the product directly from that particular company.

Determining the correct defendants can become especially complicated when products contain components manufactured by different companies or have been repaired, modified, or assembled after leaving the original manufacturer.

That is one reason preserving the actual product is so important.

What Should I Do With the Product After an Injury?

Preserve it.

One of the most important things you can do after a suspected product-related injury is prevent the product from being thrown away, repaired, destroyed, returned to the manufacturer, or materially altered before it can be properly evaluated.

Depending on the incident, important evidence may include:

• the product itself;
• broken or detached components;
• packaging;
• instruction manuals;
• warning labels;
• receipts and purchase records;
• model and serial numbers;
• photographs and videos;
• maintenance records;
• repair records;
• inspection records;
• prior complaints;
• recall information; and
• communications with the manufacturer, retailer, or insurance company.

If the product is owned by your employer, a construction company, rental company, property owner, or another business, an attorney may need to send a preservation notice promptly.

Product liability cases can become much more difficult when the physical evidence disappears before an expert has an opportunity to inspect it.

Do I Have a Product Liability Case if the Product Was Not Recalled?

Yes. A product does not have to be recalled before an injured person can potentially pursue a product liability claim.

A recall can be important evidence, but the absence of a recall does not necessarily mean the product was safe or legally nondefective.

A defect may affect only certain units. The manufacturer may not yet know about the problem. An accident may involve a design issue that never resulted in a formal recall. The case may also involve inadequate warnings rather than a mechanical failure.

The investigation should focus on the particular product, the circumstances of the accident, and the evidence—not simply whether a recall exists.

What if the Product Was Being Used at Work?

A defective-product injury at work can involve more than one legal claim.

An employee injured while performing job duties will often have a workers’ compensation claim. But if defective machinery, equipment, a tool, a vehicle, or another product contributed to the injury, the employee may also have a separate third-party product liability claim against a manufacturer, distributor, retailer, or other responsible company.

For example, a construction worker injured when machinery catastrophically fails may have workers’ compensation rights through the employer while also having a civil claim against the manufacturer of defective equipment.

These claims are important to evaluate separately because workers’ compensation and third-party personal injury cases provide different types of benefits and damages.

Anderson Franco Law handles both personal injury and workers’ compensation matters, which allows us to evaluate whether a workplace accident may involve overlapping claims.

What if I Was Partly Responsible for the Accident?

Being accused of contributing to an accident does not necessarily eliminate a California product liability claim.

California applies comparative-fault principles to strict product liability cases. Depending on the facts, an injured person’s recovery may be reduced to reflect conduct that contributed to the injury.

Manufacturers and insurers therefore frequently investigate how the product was being used.

They may argue that:

• the product was misused;
• instructions were ignored;
• safety equipment was removed;
• the product had been modified;
• maintenance was inadequate;
• another company caused the failure; or
• the user’s conduct rather than a product defect caused the injury.

Those defenses should be evaluated against the actual evidence. A manufacturer cannot avoid responsibility simply by labeling every unexpected use “misuse.” How the product was reasonably expected to be used and what actually caused the failure matter.

How Do You Prove That a Product Was Defective?

Proving a product defect often requires more technical evidence than an ordinary personal injury case.

An investigation may include:

• preserving and inspecting the failed product;
• identifying its exact model and serial number;
• obtaining design specifications;
• reviewing manufacturing records;
• obtaining maintenance and repair records;
• researching recalls and prior incidents;
• reviewing warnings and instructions;
• identifying component manufacturers;
• analyzing photographs and video;
• interviewing witnesses; and
• retaining engineers or other qualified experts when necessary.

In a machinery case, for example, an expert may need to determine why a component fractured or why a safety mechanism failed.

In a vehicle case, the investigation may focus on whether a component malfunctioned before or during the collision and whether that failure caused additional injury.

The goal is to move beyond the fact that “something broke” and determine precisely what happened and why.

What Compensation Can Be Recovered After a Defective Product Injury?

Compensation in a California product liability case depends on the injuries and circumstances.

Potential damages may include:

• past medical expenses;
• future medical treatment;
• rehabilitation and therapy;
• lost wages;
• loss of future earning capacity;
• other out-of-pocket financial losses;
• pain and suffering;
• emotional distress;
• physical limitations;
• disfigurement or scarring; and
• loss of enjoyment of life.

When a defective product causes catastrophic injuries such as an amputation, traumatic brain injury, spinal injury, serious burn, or permanent disability, evaluating future losses can become particularly important.

If a defective product causes a death, eligible family members may also have a wrongful death claim.

The value of any case depends on the evidence, the nature of the defect, causation, the severity and permanence of the injuries, comparative-fault issues, and the defendants available to satisfy a judgment or settlement.

How Long Do I Have to File a Product Liability Lawsuit in California?

Many California product liability cases involving personal injury are subject to the two-year limitations period applicable to actions for injury caused by the wrongful act or neglect of another.

But you should not assume that every defective-product case has exactly two years from the date of the accident.

The deadline can depend on when an injury or its cause was discovered, the type of defendant, the nature of the claim, the injured person’s age, warranty issues, exposure-related rules, and other circumstances.

More importantly, waiting can damage a product liability case long before the formal filing deadline expires. Physical evidence can disappear. A product can be repaired or discarded. Surveillance footage can be erased. Employees can leave. Records can become more difficult to obtain.

If you suspect that a defective product caused a serious injury, an early investigation is usually more useful than waiting until a deadline approaches.

Why Hire Anderson Franco Law for a Defective Product Injury?

Product liability cases require careful investigation. A lawyer must be willing to determine whether a genuine product defect exists rather than simply assuming that every equipment failure creates liability.

At Anderson Franco Law, we focus on serious injury cases and direct attorney involvement.

You Work Directly With Anderson Franco

Anderson personally handles the cases the firm accepts. Clients are not passed off to a case manager to make the important strategic decisions.

Former Insurance-Defense Experience

Before representing injured people, Anderson represented insurance companies in negligence litigation.

That experience gives him insight into how defendants and insurers analyze causation, alternative explanations, comparative fault, medical evidence, damages, expert opinions, and litigation risk.

Experience With Serious and Catastrophic Injuries

Defective products can cause devastating injuries, particularly when the product is heavy machinery, construction equipment, a vehicle component, an electrical device, or industrial equipment.

Anderson Franco Law handles serious personal injury and catastrophic injury claims involving surgeries, fractures, brain injuries, spinal injuries, crush injuries, and other major harm.

We Look for Every Potentially Responsible Party

A defective-product case may involve several companies.

We investigate the product’s manufacture and distribution, the parties that controlled or maintained the equipment, potential component manufacturers, available insurance, and other claims arising from the same incident.

This is particularly important in workplace and construction accidents, where a worker may have both a workers’ compensation claim and a separate case against a manufacturer or other third party.

Frequently Asked Questions About California Product Liability Claims

Do I need to prove the manufacturer was negligent?

You do not necessarily need to prove that the manufacturer was negligent because California recognizes strict liability for defective products in appropriate circumstances. You still must prove the applicable elements of the claim, including a defect and a causal connection between the defect and your injury.

Can I sue the store that sold the defective product?

A store that participated in the distribution of a defective product can potentially be liable under California product liability law. Whether a particular retailer or seller is legally responsible depends on the facts and its relationship to the product.

Can I bring a case if someone else purchased the product?

A product liability claim does not necessarily require that you personally purchased the defective product. Employees, family members, passengers, bystanders, and others injured by defective products may potentially have claims depending on the circumstances.

Does the product have to completely break?

No. A product does not have to physically break to be defective. A dangerous design, inadequate safety feature, or inadequate warning can potentially support a product liability claim even if every component performed exactly as designed.

Does a recall automatically prove my case?

No. A recall does not automatically prove that a particular product was defective or that the defect caused your injury. But recall evidence can be highly relevant to the investigation.

What if my employer owns the defective machine?

If your employer owns the defective machine, you should try to make sure the equipment and failed components are preserved. A work injury may involve both workers’ compensation benefits and a separate claim against the manufacturer or another third party.

Should I return a defective product to the manufacturer?

You should be cautious about returning, repairing, discarding, or altering an important piece of physical evidence after a serious injury. Preserving the product in its post-accident condition may be critical to determining why it failed.

How much is a product liability case worth?

The value of a product liability case depends on the seriousness of the injury, whether the defect and causation can be proven, past and future medical needs, lost earnings, permanent limitations, available defendants, and many other factors. There is no standard settlement amount for a defective-product injury.

Speak With a San Francisco Product Liability Lawyer

If a machine, tool, vehicle component, appliance, battery, safety device, or other product failed and caused a serious injury, the first issue is determining why it happened.

Anderson Franco Law can evaluate the circumstances, identify evidence that should be preserved, determine whether a potential product defect warrants further investigation, and assess whether a manufacturer, distributor, retailer, or another company may be legally responsible.

We represent injured people in San Francisco and throughout the Bay Area.

Call or text Anderson Franco Law at (415) 727-1832 for a free consultation. There is no attorney’s fee unless we obtain a recovery for you.

Every case is different, and prior results do not guarantee a similar outcome.