Defective Products Liability in California: Civil Code §1714.45

Defective products—whether a malfunctioning car or a faulty appliance—can lead to serious injuries. California’s product liability laws empower you to seek compensation. This article dives into these laws, focusing on Civil Code §1792 and the Restatement (Second) of Torts §402A, explaining how they impact personal injury cases involving defective cars and consumer goods. We also explore how interrogatories under California Code of Civil Procedure §2030.010 are essential for securing evidence and building your case. For expert help, call California Attorney Group at (310) 278-6666.

Person in a white shirt holding a pen and reviewing documents on a desk.Warehouse filled with stacked boxes on shelves, representing product storage and potential liability for defective products in California.
PUBLISHED ON
January 20, 2025
CATEGORY
Product Liability
READ TIME
8 min

The Products We Trust—and How They Can Fail Us

You’re flying down the 101, smooth drive, perfect day. Then, your steering locks up. No warning, no time to react. Boom—a collision. Now you’re hurt, your car is totaled, and you’re left wondering how it all went wrong. Or take this—new kitchen gadget, looks sleek, promises to save you time. But first use, it overheats and causes burns. Suddenly, your convenience comes with a price.

These aren’t just accidents—they’re the result of defective products. And in California, the law is clear: if a product harms you because it’s defective, you have rights. But knowing your rights and using them are two different things. That’s where California’s product liability laws step in.

Product Liability in California: Civil Code §1792 and the Restatement (Second) of Torts §402A

In California, the backbone of product liability is built on several legal foundations, including California Civil Code §1792, which establishes implied warranties, and the Restatement (Second) of Torts §402A, often applied under California common law. These laws ensure that if a product fails to perform as expected, and that failure leads to injury, the manufacturer, seller, or distributor can be held liable.

The law covers three main types of defects:

  • Manufacturing Defects: When something goes wrong during assembly, making a product dangerous despite its intended design. Think about airbags that don’t deploy when you need them most.
  • Design Defects: When the product’s blueprint itself is flawed—like SUVs that have a tendency to roll over.
  • Failure to Warn: When companies don’t provide enough information about the risks of using their product. That new appliance with no warning about overheating? That’s a lawsuit waiting to happen.

But here’s the thing: it’s not enough to show you got hurt. You have to prove the product was defective, that you used it as intended, and that the defect directly caused your injury. And that requires more than just luck—it requires evidence. Lots of it. And fast.

Evidence Doesn’t Last Forever—Why Speed Matters

So you’ve been injured by a defective product. The clock is ticking. Evidence doesn’t just stick around; it fades. That malfunctioning car part? It might disappear, conveniently "lost" by the manufacturer. That faulty appliance? Recalled, redesigned, and out of reach.

Acting fast is more than smart; it’s essential. When you’re dealing with a product liability case, time is your enemy. You need an auto car accident lawyer who understands how to secure evidence immediately. They’ll gather the product itself, subpoena maintenance records, and consult experts to pinpoint the problem. The longer you wait, the harder it gets to prove your case.

California Code of Civil Procedure §2030.010: Interrogatories and Evidence

Here’s where the legal magic happens—interrogatories. Under California Code of Civil Procedure §2030.010, interrogatories are written questions one party sends to another to gather crucial information. Think of it as a spotlight, shining on the other side’s records, reports, and knowledge.

Let’s say you’re dealing with a defective vehicle. Your auto insurance lawyer will send interrogatories to the manufacturer, demanding details on the car’s design, its history of defects, and any safety records. They’ll ask if other complaints were made, if recalls were issued, or if safety tests failed. These questions force the manufacturer to reveal everything they know—under oath. Once it’s in writing, there’s no backtracking. It’s locked in, and that’s a game-changer.

Interrogatories aren’t just about getting information; they’re about building a rock-solid case. They uncover patterns of negligence or misconduct that could make or break your claim. It’s not just about knowing what happened; it’s about proving it. And when you’ve got answers in black and white, the manufacturer has nowhere to hide.

Real-World Example: When Your Car Fails You

Let’s get specific. You’re driving a car that suddenly loses control because of a steering defect. You crash, you’re hurt, and you’re stuck with a mountain of medical bills. Under California’s product liability laws, you have the right to hold the manufacturer accountable. But knowing you have that right doesn’t mean you’ll win in court. You need proof. And you need it fast.

This is where the best car accident lawyer in Los Angeles comes into play. They won’t just wait for the facts to fall into place—they’ll chase them down. They’ll secure the defective steering mechanism for inspection. They’ll subpoena the manufacturer’s maintenance logs and recall records. They’ll hire experts to analyze the defect and testify that it was the direct cause of the crash.

The interrogatories come next. The lawyer will send a series of questions to the manufacturer, asking about previous issues with the steering system, any known defects, and whether the company was aware of the risks before the accident. They’ll force the manufacturer to disclose the truth. Every document. Every report. Every detail. When those answers come back, the case starts to take shape. And the liability? It lands right where it belongs—on the manufacturer.

It’s Not Just About Cars—Consumer Goods Can Fail Too

This isn’t just about cars. Defective products are everywhere. Maybe it’s a medical device implanted in your body that causes complications. Maybe it’s a faulty appliance that starts a fire in your home. The laws are the same. If a product injures you because it’s defective, you have the right to sue.

But the same rules apply—evidence is everything. Your lawyer will do more than just file a claim. They’ll dig into the product’s history, design, and safety records. They’ll subpoena documents and send interrogatories to uncover what the manufacturer knew and when they knew it. They’ll build a case that shows the defect wasn’t just a one-time issue—it was a pattern of negligence.

Why You Need the Right Lawyer

Let’s face it: product liability cases aren’t easy. Manufacturers have deep pockets and teams of lawyers ready to fight. They’re not going to roll over just because you got hurt. They’ll push back, challenge your evidence, and do everything to avoid paying compensation.

That’s why you need the best car accident lawyer or auto insurance lawyer on your side—someone who knows the law inside and out, who understands how to secure evidence, and who isn’t afraid to go up against the big guys. It’s not just about having a lawyer; it’s about having the right one. The one who knows how to navigate California’s product liability laws and who can build a case that stands up in court.

Act Now—Protect Your Rights

If you’ve been injured by a defective product—whether it’s a car, a medical device, or a household appliance—don’t wait. Every day that passes is a day for evidence to disappear, for the manufacturer to cover their tracks, and for your case to weaken. You have the right to seek compensation, but that right doesn’t last forever. The faster you act, the better your chances.

Call California Attorney Group at (310) 278-6666. We’ll move fast, secure the evidence you need, and make sure those responsible pay for their mistakes. It’s not just about knowing the law; it’s about using it to win. Get the help you need—before it’s too late.

Learn more about Product Liability Law