Can I sue a product manufacturer for a defective product?

What the Law Says

California law holds manufacturers and sellers strictly liable for injuries caused by defective products — meaning you don’t have to prove they were negligent.

Under California law, you may bring a lawsuit against a manufacturer, distributor, or retailer if a product is defective in its design, manufacture, or labeling (i.e., inadequate warnings). This is called 'strict product liability.' You only need to show that the product was defective, the defect existed when it left the defendant’s control, and the defect caused your injury while the product was being used as intended or in a reasonably foreseeable way.

The law also allows claims based on negligence (e.g., failure to test) or breach of express or implied warranties. Importantly, California applies a 10-year statute of repose for strict liability claims — meaning you generally cannot sue more than 10 years after the product was first sold, regardless of when the injury occurred.

Additionally, the statute of limitations for personal injury claims arising from defective products is two years from the date of injury or discovery of harm — whichever comes later — under the delayed discovery rule.

Statutory Text

Any manufacturer of any product in a defective condition unreasonably dangerous to the user or consumer ... is strictly liable in tort if the user or consumer suffers physical harm thereby.

— Restatement (Second) of Torts § 402A — adopted in California

Statutory Text

The limitation period for actions based on strict liability in tort for injury to person or property caused by a product is 10 years after the product was first sold.

— Cal. Code Civ. Proc. § 337.1(a)

What Courts Have Said

California courts have consistently upheld strict liability for defective products and clarified key elements like foreseeability, defect types, and seller liability.

What to Do

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