Product Liability Lawsuits
San Diego Product Liability Attorneys
Khashayar Law Group represents people seriously injured by defective products throughout California. Under California strict product liability law, a manufacturer, distributor, or retailer can be held responsible for injuries caused by a defective product without proof of negligence. The doctrine is powerful — but defendants vigorously contest design and warning theories, which is why trial-ready counsel matters.
California Product Liability Theories
California recognizes three primary product defect theories under Greenman v. Yuba Power Products and its progeny:
- Manufacturing defect — the product departs from its intended design, even if the design itself is sound. Strict liability applies; negligence is not required.
- Design defect — the product's design itself is unsafe. California applies two tests: the consumer-expectation test (a product is defective if it fails to perform as an ordinary consumer would expect) and the risk-utility test (the design's risks outweigh its benefits in light of feasible alternative designs).
- Failure to warn (warning defect) — the product lacked adequate warnings or instructions to make foreseeable use safe.
Liability extends across the chain of distribution — manufacturer, component-part manufacturer, distributor, and retailer — under Vandermark v. Ford Motor Co.
How Khashayar Law Group Builds Product Liability Cases
Successful product cases require early preservation of the product itself (which becomes the central piece of evidence), the right engineering and human-factors experts, and a litigation strategy that anticipates a vigorous defense from manufacturers and their insurers. The firm preserves evidence quickly, retains the right experts, and prepares cases for trial from day one.
How Khashayar Law Group Handles These Matters
Khashayar Law Group approaches every matter with the same trial-ready discipline that produced over $165 million in recoveries firm-wide. Daryoosh Khashayar has tried cases before juries, before judges, and before the California Court of Appeal, where he has secured multiple reversals of Superior Court rulings. He has litigated against major insurers including GEICO and Progressive, and against large corporations including Walmart and Costco.
ABOTA Membership and What It Means for Clients
Daryoosh Khashayar is a member of ABOTA — the American Board of Trial Advocates, an invitation-only organization for attorneys with exceptional verified civil jury trial experience and judicial recommendations. The firm has recovered more than $165 million for clients and prepares every matter — transactional or litigated — with the trial-readiness corporate counterparties respect.
Time Limits and Governing California Law
California Code of Civil Procedure §335.1 generally provides a two-year statute of limitations for personal injury arising from product defects. The 10-year statute of repose under §337.15 applies to defective improvements to real property, not to most product cases. Some product theories also support warranty claims with separate limitation periods under California Commercial Code §2725 (four years).
Frequently Asked Questions
What's the difference between strict liability and negligence in a California product case?
Strict liability does not require proof that the manufacturer was negligent — only that the product was defective and that the defect caused the injury. Negligence requires proof that the manufacturer failed to exercise reasonable care. Both theories can be pleaded in the same case.
How is a "design defect" proved in California?
Under either the consumer-expectation test or the risk-utility test. The consumer-expectation test asks whether the product performed as an ordinary consumer would reasonably expect. The risk-utility test asks whether the design's risks outweigh its benefits in light of feasible alternative designs.
Can I recover punitive damages in a California product liability case?
Yes, under Civil Code §3294 in cases of fraud, oppression, or malice. Punitive damages are most common in cases involving manufacturers who knew about a defect and concealed it, or made deliberate cost-vs-safety tradeoffs.
How long do I have to sue for a product defect in California?
Two years from injury for personal injury claims under California Code of Civil Procedure §335.1; four years for breach-of-warranty claims under California Commercial Code §2725. Statutes of repose may apply in narrow contexts.
Who can be held liable in a product liability case?
Under California's Vandermark doctrine, every entity in the chain of distribution — manufacturer, component manufacturer, distributor, and retailer — can be held strictly liable. The firm identifies and pursues every potentially responsible party.
Talk to a San Diego Product Liability Attorney
Khashayar Law Group serves clients throughout San Diego and California. Consultations are free and confidential. Call (858) 509-1550 or visit our office at 1350 Columbia St., Suite 303, San Diego, CA 92101.
