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Product Liability

Product Liability Questions & Answers

Straight answers to what people ask most. These hold wherever you were hurt — for the deadlines and rules that depend on your state, choose your state below.

What Should I Do With the Product That Injured Me?

Keep it, and do not repair, alter, clean, or throw it away. The product itself is almost always the single most important piece of evidence in a product liability case, because proving the defect usually depends on an expert examining the actual item that failed.

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Do I Have to Prove the Company Was Negligent?

Often, no — and this is one of the most important features of product liability law. California is a strict-liability state for defective products, which means you generally do not have to prove that a manufacturer was careless. You have to prove that the product was defective and that the defect caused your injury.

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Who Can I Sue for a Defective Product?

More parties than you might expect. Under California's strict products liability, everyone in the chain of distribution that put the product in your hands can potentially be responsible — the manufacturer, any component maker, the distributor or wholesaler, and the retailer that sold it, even a seller that did nothing wrong itself.

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Is a Product Recall Enough to Win My Case?

A recall is helpful, but not by itself decisive. A recall is essentially an acknowledgment that a product had a problem, so it can be strong evidence that the product was defective and that the maker was aware of a danger. That can meaningfully strengthen a claim.

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How Much Does a Product Liability Lawyer Cost?

We handle product liability claims on a contingency basis for the cases we take, which means there is no fee unless we recover for you. The fee is a percentage of the recovery, and if there is no recovery, you do not owe an attorney fee.

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Questions about the law in your state?

Filing deadlines, fault rules, and limits on damages differ by state. Choose where you were hurt for answers under that state's law.

General information, not legal advice. Every situation is different, and the law differs by state.