Product Liability Theories in California
A product claim can be built on more than one legal theory, and they are often pursued together. Understanding them explains why product cases can be easier to prove than ordinary negligence claims.
Strict liability, negligence, and warranty
Strict liability focuses on whether the product was defective, not whether anyone was careless. Negligence focuses on a failure to use reasonable care in designing, making, or warning about the product. Breach of warranty focuses on a product that did not live up to promises made about it. Each has different requirements and advantages.
Why the theory matters
Strict liability can be powerful because you generally need not prove fault, only defect and causation. But different theories can reach different parties and damages, so product claims often plead more than one. Getting the theory right is part of the strategy.
How we help
We evaluate which theories fit your facts and pursue the ones that give the strongest path to recovery. The review is free and confidential. Se habla español.
How much is my product liability case worth? →
Frequently asked questions
Is strict liability better than negligence for a product case?
Strict liability can be advantageous because it focuses on the defect rather than proving the company was careless. But the theories reach different parties and issues, so product claims often use more than one together.
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.
Injured by a defective product?
A quick, confidential review can tell you where you stand — about two minutes, no cost, no obligation.