San Diego Product Liability Attorney


Product Liability


Product Liability Attorney in San Diego, California


Many people across California are hurt each year due to defective or unsafe products. According to the Insurance Information Institute, there were 776 incidents reported prior to the recall of 58 different children’s products in 2019, for an average of 13.4 incidents per recalled product.

If you or someone you love has recently suffered an injury due to a faulty product or device, you can benefit from the services of our skilled product liability attorney in San Diego, CA. At the Benner Law Firm, we’re dedicated to seeking justice for accident victims. We’re proud to serve clients across San Diego, as well as the surrounding communities of Chula Vista, Escondido, El Cajon, Oceanside, throughout San Diego County, and all of California. Whether your injuries are minor, or life-changing, you can rely on our firm to stand by your side.

Understanding Product Liability


Product liability involves someone being injured while using a defective product. In California, it is a strict liability case, meaning that even if the manufacturer did not intend to cause harm, they can still be held liable.

There are three types of defects that can lead to a product liability claim:

  1. Design defect — A product is considered to have a design defect if it is inherently dangerous because the design wasn’t safe. Even if it’s manufactured exactly according to the design specifications and used correctly and the way it was meant to be used, it is a dangerous product. In the case of a design defect, the only way to correct the issue is for the product to be redesigned safely.

  2. Manufacturing defect — If a product is damaged, not assembled properly, or otherwise comes through the manufacturing process incorrectly, it could result in a dangerous manufacturing defect.

  3. Failure to warn If the product is designed and manufactured exactly as expected, injuries sometimes happen because the labels or packaging didn’t provide sufficient warning to the consumer about possible dangers or incorrect use.

Effective Legal Guidance

Proving Liability


As mentioned above, product liability is a strict liability case — but what does this mean? When it comes to liability, intent must usually be proven. It has to be shown that the party that caused the harm meant to do so. When it comes to product liability, this is not the case. Negligence does not need to be proven.

In these cases, who can be found at fault? This depends on the manufacturer, retailer, or supplier and where the defect lies. In California, product liability can occur anywhere on the chain of distribution. If any defect is found out in the process of producing goods, the manufacturer may be held liable. Wholesalers or distributors can be liable if mistakes happen during the time that they are in control of the product. Finally, you can also make a claim against retailers for selling you a dangerous product. While some states have “innocent seller” laws that protect vendors, California is not one of them.

If you need help proving liability in a premises liability or product liabiliy case, contact our San Diego product liability attorney by calling 619-595-6794 today.

Filing a Claim


For a product liability claim, four elements must be proven:

  • The defendant designed, manufactured, distributed, or sold the product

  • The product was defective when it left the defendant’s control

  • The plaintiff used the product in a reasonably foreseeable manner

  • The plaintiff suffered injury as a direct result of the defect

If you have suffered an injury, California law allows a two-year window in which you can file a product liability claim. If the product defect leads to property damage, you have three years to file a suit. For damages, you are able to recover monetary amounts for things such as property damage. California has an economic loss rule that prevents recovery of purely economic losses, such as lost profits.

Whether you or someone you love was injured in a car wreck, bike and pedestrian accident, slips and falls, dog bite attack, or other kinds of accidents in California, our San Diego personal injury lawyer can help you get the compensation you deserve.

Product Liability Attorney in San Diego, CA

Product Liability Attorney
Serving San Diego, California


At Benner Law Firm, we have the experience and knowledge required to pursue product liability claims. Located in San Diego, California, our team is ready to hold the responsible party accountable for their negligence and protect others from similar injuries. If you live in San Diego, Chula Vista, Escondido, Oceanside, or El Cajon, call now to request a free consultation!

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