What steps should I follow if I discover a defect in a product that caused my injury in California?
If a defective product injures you in California, you should seek immediate medical care, preserve the product as evidence, and document the incident thoroughly. Here are the key steps to take to protect your health and your legal rights.
Step 1: Seek Medical Attention Immediately
Your health is the top priority. Go to an emergency room, urgent care clinic, or your doctor as soon as possible. Seeking immediate care not only addresses your injuries but also creates a medical record that links the injury to the incident, which is critical for any future claim.
Step 2: Preserve the Defective Product and All Related Items
Do not throw away, alter, or attempt to repair the product that caused your injury. Keep it in the exact condition it was in after the incident. Also, gather any packaging, instructions, manuals, and the receipt or proof of purchase. This is the most important evidence in a products liability case.
Step 3: Document Everything
Take clear photos and videos of the defective product, your injuries, and the location where the injury occurred. Write down a detailed account of what happened, including the date, time, and how you were using the product. If there were any witnesses, get their names and contact information.
Step 4: Consult a California Personal Injury Attorney
Products liability cases are complex. An experienced attorney can evaluate your claim, explain your rights under California's strict liability laws, and handle communications with the manufacturer and their insurance company. Most personal injury attorneys offer a free initial consultation.
Step 5: Be Aware of the Filing Deadline
In California, you generally have two years from the date of your injury to file a lawsuit, according to the California Code of Civil Procedure Section 335.1. If you miss this deadline, you will likely lose your right to sue.
Important Considerations:
Under California law, a manufacturer or seller is "strictly liable" for injuries caused by their defective products. This means you generally do not have to prove they were negligent, only that the product had a manufacturing defect, a design defect, or inadequate warnings, and that this defect caused your injury.
Note:
Do not give a recorded statement to the manufacturer's insurance company or sign any documents without first speaking to your own attorney. Anything you say can be used against you.
This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
Personal Injury
Accident claims, medical malpractice, and compensation rights
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