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$Product Liability FAQ

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.

That is a meaningful advantage over an ordinary negligence claim, where you must show a failure to use reasonable care. In a strict-liability case, even a company that was careful can be responsible if its product was defective — because the law places the cost of injuries from defective products on those who make and sell them.

Product claims can also be brought on negligence and breach-of-warranty theories, and they are often pleaded together. But the strict-liability path, focused on the defect rather than fault, is frequently the strongest, which is why identifying and proving the defect is the heart of the case.

This is general information about Product Liability $product liability claims, not legal advice. Every situation is different.

The law depends on your state

The steps above apply wherever you were hurt. Filing deadlines, fault rules, and limits on damages differ by state — pick yours for what applies to product liability.

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