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Elements of a California product liability claim 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.

This is not always a simple determination, but it's a very important one because in Massachusetts, persons filing a product liability lawsuit have three years from that cause of action to do so. If the statute of limitations has expired, there is no chance the claim will succeed.

California product liability law imposes a duty of care on manufacturers, distributors and sellers of products to provide adequate instructions and warnings.

Under California law, strict liability does not require a plaintiff to prove a defendant's negligence. A defendant may be held liable under strict liability when it places a product on the market and the product causes injury to a person, regardless of whether the defendant was negligent.

Elements of a California product liability claim 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.

A plaintiff pursuing a strict product liability design defect claim under California law must instead prove that: The product was defective in design. The defect existed when the product left the defendant's control. The plaintiff was injured.