Three kinds of product defects
- Design defects: the whole product line is unreasonably dangerous because of its design, such as a vehicle prone to rollover or a battery prone to overheating.
- Manufacturing defects: a specific unit departs from its intended design, such as a cracked component or contamination.
- Warning defects: the product lacks adequate instructions or warnings about non-obvious risks.
Strict liability in both states
California
California pioneered strict products liability: a manufacturer is liable when it places a product on the market that has a defect causing injury, without proof of negligence. Greenman v. Yuba Power Products, Inc. (1963) 59 Cal.2d 57 Distributors and retailers in the chain of distribution can also be responsible. Deadline: generally two years for personal injury. Cal. Code Civ. Proc. § 335.1
Arizona
Arizona's product liability statutes govern claims against manufacturers and sellers, including defenses such as product alteration and state-of-the-art. A.R.S. § 12-681 et seq. Product claims generally must be filed within the two-year injury period, and Arizona also has a statute of repose that can bar claims based on how long ago the product was first sold, subject to exceptions. A.R.S. § 12-551
Products we see
Vehicle and component defects (airbags, seat belts, tires, brakes), e-bike and scooter batteries, power tools and machinery, household products, and other consumer goods.
Experience with complex product litigation
As a member of the trial team at his former firm in City of Modesto v. The Dow Chemical Co., et al., Eli helped try a case in which the jury awarded $60,300,000. TopVerdict.com listed it as the No. 1 product liability/defective product verdict in California for 2022.*
*Includes results obtained at prior firms or as part of trial teams. Gross amounts. Each result depended on the facts of that case; results will differ if based on different facts. See Disclaimer.
Preserve the product
The product itself is usually the most important evidence. Do not throw it away, repair it or return it. Keep the packaging, manuals, receipts and any recall notices, and photograph everything. Do not let the manufacturer or an insurer take possession of it without legal advice. Testing should be done under an agreed protocol.
Product liability FAQ
Do I have to prove the company was careless?
Not always. Under strict liability, the focus is whether the product was defective and caused the injury, not whether the company was careless.
The product was recalled after my injury. Does that help?
Recalls can be relevant evidence, though rules limit how some post-injury changes may be used. A recall is a strong reason to get advice.
Can I sue the store where I bought it?
Sellers in the chain of distribution may be responsible, depending on state law and the facts.
This page explains general rules of California and Arizona law. It is not legal advice, laws change, and every case depends on its own facts. Reading it or contacting the firm does not create an attorney-client relationship.
