Defective Children's Product Claims in California
Products made for children — toys, cribs, car seats, strollers, high chairs, and more — are held to high safety standards, and defects can cause serious injuries. When a children's product is defective, its maker can be responsible.
Common children's product hazards
Choking and small-parts hazards, strangulation risks, tip-overs, toxic materials, defective car seats or cribs, and inadequate warnings are common. Many of these products are subject to safety standards and recalls, and a violation can support a claim.
Special protections for a child's claim
A claim on behalf of an injured child is time-sensitive but may have different timing rules, and a settlement for a child usually involves court approval. These cases are handled with care for the family.
How we help
We preserve the product, investigate the defect, and pursue the maker — while handling the special steps for a child's claim. The review is free and confidential. Se habla español.
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Frequently asked questions
My child was hurt by a toy that was later recalled. Does the recall help?
A recall can be useful evidence that a product was dangerous, though a claim still depends on the defect and the injury. Preserving the product and acting promptly matters, and a child's claim has special steps we handle.
My child was hurt by a toy that was later recalled. Does the recall help?
A recall can be useful evidence that a product was dangerous, though a claim still depends on the defect and the injury. Preserving the product and acting promptly matters, and a child's claim has special steps we handle.
Are children's products held to higher safety standards?
Products for children are subject to strict safety standards and frequent recalls, so a violation of those standards can strengthen a claim. The specifics depend on the product and the standard.
How is a claim for an injured child different?
It is time-sensitive but may have different timing rules, and a settlement for a child usually requires court approval to protect their recovery. These are handled with care for the family.
How long do I have to file a product liability claim in California?
Product cases can involve two deadlines: the ordinary statute of limitations that runs from your injury, and — in some states — a statute of repose that can bar a claim a set number of years after the product was first sold. Because a missed deadline can end a claim, get a review right away.
Do I have to prove the company was careless?
Often no. In a strict-liability product case, you generally have to prove the product was defective and that the defect caused your injury — not that the company was negligent. That is a key difference from many other injury claims.
What should I do with the product that hurt me?
Keep it, and do not repair, alter, or throw it away. The product itself is usually the most important evidence, so preserve it exactly as it is, along with the packaging, manuals, and receipt. Losing the product can seriously weaken a claim.
Who can I sue for a defective product?
Under strict products liability, everyone in the chain — the manufacturer, component makers, the distributor, and the retailer that sold it — can potentially be responsible, giving you more than one path to recovery.
How much is a product liability case worth?
It depends on the severity of the injury, future care, lost income, the strength of the defect evidence, and the responsible parties — there is no fixed formula. Anyone who quotes a number before the product and experts are reviewed is guessing.
How much does a product liability lawyer cost?
We handle these cases on a contingency basis, which means no fee unless we recover, and the initial review is always free. Product cases are expensive to bring — they require engineering and expert analysis — and we advance those costs so you can pursue a claim.
The product had a warning label. Can I still have a claim?
Possibly. A warning must be adequate — clear and complete enough to actually convey the danger. A vague, hidden, or incomplete warning may not be enough, and the product may also have a design or manufacturing defect regardless of the label.
The manufacturer says I misused the product. Is that the end?
Not necessarily. Misuse is a common defense, but a maker must also account for foreseeable misuse, and whether you actually misused the product is a factual question answered with the evidence and experts.
What if the product was recalled?
A recall can be useful evidence that a product was defective and that the maker knew of a danger, but it does not automatically win a claim — you still must prove the defect caused your injury. And the absence of a recall does not mean a product was safe.
How long do these cases take?
Product cases are complex and often take longer than other injury claims — engineering analysis, expert work, and aggressive defense all add time. We keep you informed at each step rather than leaving you guessing.
Do I really need a lawyer for a product case?
These cases require preserving the product, engineering and expert analysis, and identifying every company in the chain, and manufacturers defend them hard. Handling one without experienced help is very difficult. A free review is a no-pressure way to learn where you stand.
California law — what people ask
How long do I have to file an injury claim in California?
Generally two years from the date you were hurt. If a government entity is involved — a city vehicle, a public road, a public hospital — you usually have to present a formal claim to that agency within roughly six months before you can sue at all, which catches people out far more often than the two-year date.
Can I still recover if I was partly at fault in California?
Yes. California uses pure comparative negligence, so your recovery is reduced by your percentage of fault rather than barred — even if your share turns out to be the larger one. There is no cutoff percentage that ends a claim here.
Does California cap what I can recover?
Not in an ordinary injury case. Medical-malpractice claims are the main exception, where non-economic damages are limited by a cap that steps up over time. For most claims — car crashes, falls, defective products — there is no statutory ceiling.
What if more than one person was responsible?
California splits the analysis: defendants can be jointly responsible for your economic losses such as medical bills and lost income, while non-economic damages like pain and suffering are apportioned to each defendant by its own share of fault.
The driver who hit me had no insurance. What now?
Your own uninsured or underinsured motorist coverage is usually the answer, and it commonly applies to hit-and-run collisions as well. Check every policy in the household, not only the one covering the car you were in.
Will the jury hear that my health insurance paid my bills?
Generally not. California follows the collateral source rule, so a wrongdoer does not get credit for insurance you paid for. How your medical damages are measured is a separate and often contested question.
Injury law in California
California injury law shapes your case in a few specific ways worth knowing early.
- Filing deadline: You generally have two years from the date of the injury to file — and only about six months to put a government entity on notice before you can sue.
- Fault: California follows pure comparative negligence, so you can still recover even if you were partly — or mostly — at fault, with your recovery reduced by your share of the blame.
- Damage caps: An ordinary California injury case has no cap on damages; medical-malpractice claims are the main exception.
- Uninsured drivers: California sets minimum auto-insurance limits and uninsured/underinsured-motorist rules that affect what coverage is available.
Related product liability types
California injury law
This is general information about California injury law, not legal advice. Every case is different.
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