Expert Product Liability Lawyers Serving San Bernardino, CA
If a defective product injured you in California, you may be able to sue the manufacturer — even if they were not negligent in making it. California follows strict liability for product defects under the Greenman v. Yuba Power Products doctrine (1963): if a product was defective and that defect caused your injury, the manufacturer is liable. You do not need to prove carelessness. Contact our San Bernardino product liability attorneys for a free case evaluation.
If you have been injured by a defective or poorly designed product, you may be eligible to file a product liability lawsuit. Defective products injure and kill countless people every year; product liability litigation allows injured consumers to seek compensation for the damages done. If you are considering a product liability lawsuit or just want more product liability information, contact our San Bernardino product liability attorney at Aitken * Aitken * Cohn. Our attorneys have in-depth knowledge of product liability law and can answer all your legal questions. Contact us today to find out if you have a claim.
Product Liability Information
A wide variety of product liability information is available to you through a product liability lawyer. There are several reasons a product may be considered defective.
A product is manufactured poorly
A product is functioning properly but is designed in a way that it causes injuries during normal use
The manufacturer failed to provide information on how to properly use the product or warnings about the consequences of certain kinds of use
The manufacturer makes a misrepresentation concerning the product which results in injuries
The 3 Types of Product Defects Under California Law
1. MANUFACTURING DEFECT — The product design was safe, but something went wrong during production. Example: a batch of medications contaminated during packaging. You must show your specific unit deviated from the intended design.
2. DESIGN DEFECT — The entire product line is inherently dangerous — the problem is in the blueprint, not just one unit. Example: an SUV with a roof that collapses during a rollover. California applies both the ‘consumer expectation test’ and the ‘risk-benefit test’ to evaluate design defects.
3. FAILURE TO WARN — The product was reasonably safe if used correctly, but the manufacturer failed to warn users of known risks. Example: a power tool sold without kickback warnings. Even a well-designed product can give rise to liability if adequate warnings were absent.
Product Liability Injuries
Product-related injuries can manifest in various forms, with each type of harm attributed to specific factors or defects. Cuts and Lacerations result from sharp edges, material defects, or design flaws in products. For instance, a kitchen knife with a faulty handle or a blender with exposed blades can pose significant risks. Burns can occur due to defective electrical products, such as malfunctioning appliances or electronics, which may lead to electrical malfunctions and, consequently, burns. Overheating or exploding batteries in electronic devices can also result in burn injuries.
Broken Bones and Fractures may occur as a consequence of structural defects in products like unstable furniture, toys, or tools, causing accidents that lead to broken bones and fractures when these items collapse or fail during use. Traumatic Brain Injuries (TBIs) can be the result of accidents involving defective helmets, headgear, or safety equipment. For example, a bicycle helmet that fails to provide adequate protection during a crash can lead to TBI.
Spinal Cord Injuries may result from faulty safety equipment, such as defective seat belts, child car seats, or harnesses, leading to injuries during car accidents or falls. Choking and Asphyxiation injuries can happen with children’s products or toys that have small parts or hazardous components, posing risks of choking or asphyxiation. These accidents often involve items like balloons, small toys, or poorly designed baby products.
Chemical Exposure injuries may arise from products containing toxic or hazardous chemicals, like cleaning agents, pesticides, or industrial chemicals. Such products can cause chemical burns, poisoning, or respiratory issues when they leak or have improper labeling. Amputations can result from machinery or tools with design flaws or manufacturing defects, leading to severe injuries, including amputations of fingers, limbs, or other body parts.
Electrocution can occur when electrical products have wiring or design defects, posing electrocution risks and resulting in electrical shock injuries. Infections may be caused by medical products, pharmaceuticals, or medical devices with manufacturing or quality control issues, leading to infections, adverse reactions, or other health complications. Internal Injuries can be the result of consumable products, like food or medication, causing internal injuries, such as gastrointestinal issues, when contaminated or mislabeled.
Scarring and Disfigurement may stem from injuries that require surgery or result in permanent damage, such as burns, leading to scarring and disfigurement. Psychological Trauma may result from product liability accidents, causing emotional and psychological trauma, including anxiety, depression, or post-traumatic stress disorder (PTSD). Wrongful Death can occur in the most tragic cases, with product liability accidents leading to fatal injuries, resulting in the wrongful death of the victim. Each of these injury types underscores the importance of product safety, quality control, and the responsibility of manufacturers to protect consumers from harm.
Product Liability Litigation
A product liability lawsuit holds manufacturers to strict liability standards. This means that regardless of how much care was used in the creation of the product, if a consumer is injured, the manufacturer is liable for those injuries. Others that might be held liable include the companies that participated in the marketing, distribution or sale of the defective product.
Any product can be defective, including:
Automobile defects, including faulty brakes or tires
Food-born illnesses such as salmonella or E. Coli
Defective prescription drugs — including medications with undisclosed side effects or contaminated manufacturing batches (contact us to discuss any specific drug you believe caused harm)
Defective medical devices — including pelvic mesh implants, defective joint replacements, and IVC filters with documented failure rates. Defective lithium-ion batteries are a rapidly growing category involving e-bikes, power tools, and consumer electronics that overheat or catch fire
Frequently Asked Questions — Product Liability in California
Under strict liability (the California standard for product defects under Greenman v. Yuba Power Products), you do NOT need to prove the manufacturer was careless — only that the product was defective and caused your injury.
Possibly. California courts apply comparative fault analysis. If you were using the product in a reasonably foreseeable way (even if not the intended use), the manufacturer may still be liable.
Check the U.S. Consumer Product Safety Commission (cpsc.gov/recalls) for consumer products, the FDA (fda.gov) for medical devices and drugs, and NHTSA (nhtsa.gov) for vehicle recalls.
Manufacturing defect (a specific unit was made incorrectly), design defect (the entire product line is dangerous by design), and failure to warn (inadequate safety instructions or warnings).
Two years from the date of injury (CCP § 335.1). The discovery rule may extend this if you couldn’t reasonably have known the product caused your injury.
Possibly. Successor companies, distributors, and retailers in the supply chain may all share liability. An experienced product liability attorney can identify all responsible parties.
San Bernardino County is home to one of the largest concentrations of warehouses and distribution centers in the United States — including massive Amazon, Walmart, and UPS facilities in cities like Rialto, Fontana, and Ontario. Workers in these facilities face elevated product liability risks from defective forklifts, pallet jacks, conveyor systems, and industrial equipment. Consumers in the region also receive a disproportionate share of recalled or defective products shipped from these centers. If you were injured by a defective product in a San Bernardino warehouse or received a defective product shipped from the Inland Empire, the distribution company may share liability alongside the manufacturer.
Yes. California's strict liability doctrine extends through the entire chain of distribution. A retailer who sells a defective product to a consumer can be held strictly liable even if they had no role in manufacturing or designing it. This is particularly relevant in San Bernardino County, where large retail stores are major employers and serve millions of customers annually. If a product purchased from any San Bernardino retailer injured you, the store, distributor, and manufacturer can all potentially be named as defendants.
1. Seek medical attention immediately and keep all records. 2. Preserve the product exactly as it was — do not repair, modify, or discard it. 3. Keep the original packaging, receipt, and any instruction manuals. 4. Photograph your injuries and the product. 5. Do not contact the manufacturer or fill out any warranty/incident forms without speaking to an attorney first — these communications can be used against you. 6. Contact a product liability attorney for a free evaluation. In complex defect cases, attorneys often retain product engineers and safety experts to analyze the defect — at no cost to you until the case resolves.
Yes, and this is a rapidly growing area of litigation in San Bernardino County, where e-bikes and electric scooters are increasingly common for commuting. Defective lithium-ion batteries that overheat or catch fire, structural failures in frames, brake system defects, and throttle malfunctions have all been the basis for successful product liability claims against e-bike manufacturers. If you were injured by a defective e-bike or electric scooter — whether purchased from a retailer or rented through a ride-share program — you may have a claim against the manufacturer, the retailer, or the platform operator.
Contact a San Bernardino Product Liability Attorney
If you think you might have a claim, contact Aitken * Aitken * Cohn for help. Our San Bernardino product liability lawyers have been representing injured consumers for over 30 years. We will evaluate the details of your case to determine if your case has true merit and will fight to ensure your rights are protected and the responsible party is held accountable for your injuries and suffering. Please contact our law offices for help today.
