Product Liability Attorneys in Southern California
southern California attorneys apc
When a defective product causes serious injury, you deserve an experienced legal team that understands California's strict liability laws and knows how to hold manufacturers, distributors, and retailers accountable. At Southern California Attorneys, A.P.C., our product liability attorneys in Calabasas represent injured consumers throughout Los Angeles County, Ventura County, and all of Southern California. With over 60 years of combined legal experience — including attorney Kambiz Drake's 25 years working in the pharmaceutical industry — we bring an insider's understanding of product manufacturing, safety standards, and corporate accountability that few law firms can match. We handle all product liability cases on a contingency fee basis: you pay nothing unless we recover compensation for you. Call (818) 222-2227 for a free consultation.
What Is Product Liability in California?
Product liability is the area of law that holds manufacturers, distributors, and sellers legally responsible when a defective product injures a consumer. California is a strict liability state for product liability cases, meaning injured consumers do not need to prove that the company was negligent — only that the product was defective and that the defect caused their injury.
This principle was established in the landmark California Supreme Court case Greenman v. Yuba Power Products, Inc. (1963), which held that manufacturers are strictly liable in tort for injuries caused by defective products. California Civil Code Section 1714 further establishes the general duty of care that product makers owe to consumers.
Product liability law also recognizes claims based on negligence (the company failed to exercise reasonable care) and breach of warranty (the product did not meet express or implied promises about its safety or performance). At Southern California Attorneys, A.P.C., we evaluate every viable legal theory to maximize your recovery.
Types of Product Liability Cases We Handle
Our attorneys represent injured consumers in a wide range of defective product cases throughout Southern California, including:
Defective Medical Devices
Surgical implants, hip and knee replacements, pacemakers, IVC filters, hernia mesh, insulin pumps, and other medical devices that malfunction or cause unexpected complications. Attorney Kambiz Drake's 25 years of pharmaceutical industry experience gives our firm unique insight into medical device manufacturing processes, FDA regulatory requirements, and failure modes.
Defective Drugs and Pharmaceuticals
Prescription medications, over-the-counter drugs, and supplements that cause serious side effects that were not adequately disclosed to consumers or healthcare providers. Claims may involve failure to warn, inadequate testing, concealed safety data, or off-label marketing.
Defective Consumer Products
Household appliances, electronics, power tools, furniture, children's products, and everyday consumer goods that cause injury due to design flaws, manufacturing defects, or inadequate safety warnings.
Auto and Vehicle Defects
Defective tires, airbag failures, seatbelt malfunctions, rollover-prone designs, accelerator defects, brake failures, and other vehicle defects that cause or worsen accident injuries. These cases may involve claims against vehicle manufacturers, parts suppliers, and dealerships.
Defective Children's Products
Toys with choking hazards, cribs and sleep products that fail to meet CPSC safety standards, children's furniture with tip-over risks, car seats with defective harnesses, and other products that endanger children.
Food Contamination
Products contaminated with bacteria (Salmonella, E. coli, Listeria), foreign objects, undisclosed allergens, or toxic substances. Food product liability claims can be brought against manufacturers, processors, distributors, and retailers.
Three Types of Product Defects Under California Law
California product liability law recognizes three distinct categories of product defects. Understanding which type of defect caused your injury is critical to building a strong case:
Design Defects
A design defect exists when the entire product line is inherently dangerous because of a flaw in its design, even when manufactured exactly as intended. California uses two tests for design defects: the consumer expectations test (the product failed to perform as safely as an ordinary consumer would expect) and the risk-benefit test (the risk of the design outweighs its benefits). The plaintiff must show that an alternative, safer design was feasible.
Manufacturing Defects
A manufacturing defect occurs when a specific unit of the product deviates from its intended design during the manufacturing process. The product was designed safely, but something went wrong during production, assembly, or quality control that made the individual unit dangerous. Even if the manufacturer exercised reasonable care, strict liability still applies.
Marketing Defects (Failure to Warn)
A marketing defect, also known as failure to warn, occurs when a product lacks adequate instructions, safety warnings, or disclosures about known risks. Under California law, manufacturers have a duty to warn consumers about dangers that are not obvious to the ordinary user. This includes prescription drug manufacturers' duty to warn prescribing physicians about known side effects (the learned intermediary doctrine).
Who Can Be Held Liable in a Product Liability Case?
Under California's strict liability framework, every entity in the chain of distribution can potentially be held liable for injuries caused by a defective product. This includes:
• Manufacturers of the finished product
• Manufacturers of component parts
• Assemblers and processors
• Wholesalers and distributors
• Retailers and sellers
• Importers of foreign-made products
This broad chain-of-distribution liability protects consumers by ensuring that at least one financially responsible party can be held accountable, even if the manufacturer is a foreign company beyond the jurisdiction of California courts.
California Product Liability Statute of Limitations
Time limits for filing a product liability lawsuit in California are strict and vary by the type of damages:
• Personal injury: 2 years from the date of injury (CCP 335.1)
• Property damage: 3 years from the date of damage (CCP 338(b))
• Wrongful death: 2 years from the date of death (CCP 335.1)
The discovery rule may extend these deadlines in cases where the injury was not immediately apparent or where the connection between the product and the injury was not reasonably discoverable. Tolling provisions may also apply for minors, incapacitated persons, or cases involving fraud or concealment by the manufacturer.
Do not wait to seek legal advice. Evidence can be lost, products can be recalled and destroyed, and witnesses' memories fade. Contact Southern California Attorneys immediately if you suspect a product caused your injury.
Damages Available in California Product Liability Cases
Victims of defective products in California may recover the following types of damages:
• Economic Damages: Medical expenses (past and future), lost wages and earning capacity, rehabilitation costs, home modification costs, and property damage.
• Non-Economic Damages: Pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and loss of consortium. Unlike medical malpractice cases, product liability cases are NOT subject to MICRA damage caps.
• Punitive Damages: Available in cases where the defendant acted with willful disregard for consumer safety, such as knowingly concealing a defect or continuing to sell a dangerous product after learning of the risk. Punitive damages are designed to punish egregious conduct and deter future wrongdoing.
Why Choose Southern California Attorneys for Your Product Liability Case?
Southern California Attorneys, A.P.C. brings a unique combination of legal expertise and industry knowledge to product liability cases:
• Pharmaceutical Industry Insider: Attorney Kambiz Drake spent 25 years working in the pharmaceutical industry before entering law. He understands drug development, clinical trials, FDA approval processes, manufacturing standards, and the internal decision-making that leads to defective products reaching consumers. This insider knowledge is invaluable when building product liability cases against pharmaceutical companies and medical device manufacturers.
• Extensive Trial Experience: Lead attorney Mac E. Nehoray has tried over 50 jury trials and more than 100 bench trials, including 2 cases before the California Supreme Court. When manufacturers refuse to offer fair settlements, we have the courtroom experience to take your case to trial and win.
• Contingency Fee — No Upfront Cost: We handle all product liability cases on a contingency fee basis. You pay no upfront fees, no hourly charges, and no costs unless we recover compensation for you.
• Free Case Evaluation: Call (818) 222-2227 for a free, no-obligation consultation. We will review your case, explain your legal options, and advise you on the best path forward.
Frequently Asked Questions About Product Liability in California
Still have questions? Don't hesitate to reach out to our knowledgeable attorneys for the assistance you need. Whether you prefer to call us directly or use our convenient online contact form, we are here to help address your concerns and provide you with the guidance you're looking for. Your inquiries are important to us, so please feel free to get in touch!
What is strict liability in California product liability cases?
Under California's strict liability doctrine established in Greenman v. Yuba Power Products (1963), you do not need to prove that the manufacturer or seller was negligent. You only need to demonstrate three things: (1) the product was defective, (2) the defect existed when the product left the defendant's control, and (3) the defect caused your injury. This applies to all three types of defects: design defects, manufacturing defects, and marketing defects (failure to warn). Strict liability exists because manufacturers are in the best position to ensure product safety, and consumers should not bear the burden of proving exactly how or why a company failed.
Can I sue a manufacturer if a product injured me?
Yes. Under California law, manufacturers are strictly liable for injuries caused by defective products. You are not limited to suing just the manufacturer — you can also bring claims against distributors, wholesalers, retailers, and importers anywhere in the chain of distribution. California Civil Code Section 1714 establishes the general duty of care. Our attorneys will identify all potentially liable parties to maximize your chances of full compensation.
What is the statute of limitations for product liability in California?
The statute of limitations for personal injury claims in product liability cases is two years from the date of injury (CCP 335.1). For property damage, it is three years (CCP 338(b)). However, the discovery rule may extend the deadline if the injury was not immediately apparent. For example, if a defective medical device causes gradual harm that is not diagnosed until years later, the clock may start from the date you discovered (or reasonably should have discovered) the connection between the product and your injury. Do not delay — contact an attorney immediately to protect your rights.
What types of compensation can I recover?
You may recover economic damages (medical bills, lost wages, future care costs, rehabilitation, property damage), non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life, disfigurement), and potentially punitive damages in cases of willful disregard for consumer safety. Importantly, product liability cases are NOT subject to MICRA (Medical Injury Compensation Reform Act) caps on non-economic damages, unlike medical malpractice cases. This means there is no statutory limit on pain and suffering awards in product liability cases.
Do I need to prove the company was negligent?
Not under California's strict liability doctrine. You only need to prove the product was defective and the defect caused your injury. However, our attorneys often pursue both strict liability and negligence claims simultaneously, as this provides additional legal theories for recovery and can support claims for punitive damages, which require showing that the defendant acted with conscious disregard for consumer safety.
What if I was partially at fault for my injury?
California uses the pure comparative negligence system, established in Li v. Yellow Cab Co. (1975). Your compensation is reduced by your percentage of fault, but it is never eliminated entirely. Even if you were 99% at fault, you can still recover 1% of your damages. The manufacturer may argue that you misused the product or ignored warnings, but our attorneys will fight to minimize any comparative fault arguments.
How much does a product liability attorney cost?
Southern California Attorneys, A.P.C. handles all product liability cases on a contingency fee basis. This means you pay no upfront fees, no retainer, no hourly charges, and no out-of-pocket costs. We advance all case expenses (expert witnesses, filing fees, investigation costs). You pay nothing unless we recover compensation for you. Call (818) 222-2227 for a free consultation.
What should I do if I am injured by a defective product?
Take these steps immediately: (1) Seek medical attention and tell your doctor exactly what product was involved. (2) Preserve the product and all packaging, receipts, manuals, and purchase records exactly as they are — do not discard, repair, or return the product. (3) Take photographs of the product, the defect, and your injuries. (4) Report the product to the Consumer Product Safety Commission (CPSC) at SaferProducts.gov if applicable. (5) Do not sign anything from the manufacturer, retailer, or their insurance company. (6) Contact a product liability attorney immediately. Call Southern California Attorneys at (818) 222-2227.
Injured by a Defective Product? Contact Us Today.
If you or a loved one has been injured by a defective product in Southern California, the attorneys at Southern California Attorneys, A.P.C. are ready to fight for the compensation you deserve. With attorney Kambiz Drake's 25 years of pharmaceutical industry experience and lead attorney Mac Nehoray's 50+ jury trials, our firm brings the knowledge and courtroom skill needed to take on major manufacturers.
Call (818) 222-2227 for a free, no-obligation case evaluation. We handle all product liability cases on contingency — you pay nothing unless we win.
