If you don’t win, we don’t get paid: 855-913-1134
Class Actions > Product Defects
A product defect class action is a lawsuit in which one or more consumers seek to represent a larger group with similar claims involving an allegedly defective product. These cases may involve a shared safety defect or other product-related harm. A court must determine whether the claims meet the requirements for class treatment.
California product liability law recognizes manufacturing defects, design defects, and inadequate warnings or instructions. Depending on the circumstances, manufacturers, distributors, or retailers may be responsible when a defect causes harm. Strict product liability does not require proving that the defendant acted negligently, but the applicable requirements for a defect, harm, and causation must still be established.
A shared product problem does not automatically qualify for a class action. In federal court, Rule 23 requires a sufficiently numerous group, common legal or factual questions, typical claims, and adequate representation. Most damages classes must also show that common issues predominate and that class treatment is superior to other available methods. State-court requirements may differ.
Differences in product use, injuries, and causation can affect whether claims belong in a class action or should proceed individually. An attorney can evaluate the appropriate approach.
Preserve receipts, model and serial numbers, packaging, instructions, warranty documents, photographs, repair records, and relevant medical records. Avoid altering or discarding the product before obtaining advice about safe preservation. Check the U.S. Consumer Product Safety Commission’s recall database for applicable safety notices and follow any recall instructions.
Legal sources: California Civil Jury Instructions: Product Liability; Manufacturing Defect Claim Requirements; Federal Rule of Civil Procedure 23; and CPSC Recalls and Product Safety Warnings.
Harmed by a potentially defective product? Matern Law Group can review your circumstances and explain whether an individual claim or potential class action may be appropriate.
California’s consumer product defect laws are designed to protect consumers from unsafe products and to hold manufacturers, distributors, and retailers accountable for damages caused by defective products. These laws fall under the broader category of product liability, which allows consumers to seek compensation for injuries or damages. Here’s a summary of the key aspects:
California recognizes three primary types of product defects under its product liability laws:
Consumers can bring product liability claims under several legal theories, including:
Consumers harmed by defective products may seek various forms of compensation, including:
California has enacted several specific statutes and regulations that provide additional protections against product defects, such as:
California’s comprehensive approach to consumer product defect laws underscores the state’s commitment to consumer safety and accountability for manufacturers and sellers. By allowing for various legal theories and recognizing different types of defects, these laws offer broad protections to consumers harmed by defective products.
Our Practices are Guided by Integrity. We’ll protect what you deserve.
We work tirelessly and fight tenaciously to hold rights abusers accountable.
If you’ve experienced a distressing incident related to an issue like this, call us for a free case evaluation.
Legal cases can be lengthy, complicated, and confusing, but you don’t have to take on the system all by yourself. If you believe someone has violated your individual rights, or the rights of a large group of people in your community, we can help you find the right course of action.
"*" indicates required fields
