Unsafe products can cause life-changing harm in an instant—burns, amputations, brain injuries, or worse—often before you even realize something is wrong. If you or a loved one was seriously injured in San Diego County because a consumer product, tool, device, or household item failed, malfunctioned, or lacked adequate warnings, Hulburt Law Firm represents individuals and families in complex product defect and wrongful death cases throughout California.
Types of product defect cases we handle:
Throughout your product defect case, we keep you informed, answer your questions, and explain each step in clear, practical terms. Because we limit the number of serious injury and wrongful death matters we accept, we’re able to move quickly to preserve critical evidence—securing the product, packaging, manuals, and purchase records—and to investigate how and why the failure occurred.
Product defect claims often require more than proving what happened; they require proving what should have happened if the product had been reasonably safe. We work with qualified engineers and other experts to inspect and test the product, evaluate recall and complaint history, and determine whether the problem involved a design defect, manufacturing defect, or failure to warn.
Our role is to identify every responsible party in the chain of distribution—manufacturers, suppliers, distributors, and retailers—and handle communications with insurers and defense lawyers so you can focus on medical care and day-to-day life. If you or a loved one was harmed by a defective product in San Diego County, we invite you to contact Hulburt Law Firm for a free case review.
Our attorneys have a proven track record of achieving extraordinary results.
A lithium ion battery exploded in a man’s pocket, severely burning his leg.
A sudden tire failure caused an SUV to fishtail and crash into a tree on the side of a San Diego County highway, killing a beloved husband and father.
A passenger seatback collapsed in a rear-end collision, causing the occupant life-changing spinal injuries and paralysis.
A lithium ion battery exploded in a man’s pocket and severely burned his leg. The smoke shop that sold the battery claimed that store clerks warned customers about the dangers of putting the batteries in a pocket or purse.
An undercover investigator visited the smoke shop and purchased the same batteries. The store clerk never provided any warnings. The entire encounter was captured on video.
After the defense received the video as part of a mediation, the smoke shop's insurer paid a substantial settlement that continues to improve the client’s life.
If you were burned or seriously injured by a product that wasn’t reasonably safe, request a free product defect case review.
During your free case review, we listen to what happened, what injuries you’re dealing with, and why you believe a product failure or lack of warnings played a role. We review any information you already have—photos or video, medical records, purchase details, packaging, manuals, and insurance letters—and give an honest assessment of whether a California product defect claim may be available. This conversation is confidential and there’s no obligation to move forward.
If you decide to work with us and the scope of representation is signed, the first priority is protecting evidence. In product cases, that often means preserving the product in its post-incident condition, along with packaging, labels, manuals, receipts, and any replacement parts. We can also send preservation letters to prevent the product, components, or related records from being discarded, repaired, or altered. Preserving evidence early is often essential to proving a defect.
Next, we investigate what failed and why. Depending on the product, this can include engineering inspection, testing, and analysis of design and manufacturing issues. We work with qualified experts to evaluate whether the product had a design defect, manufacturing defect, or inadequate warnings, and whether safer alternatives existed. We also research recall history, prior incidents, and similar claims to understand whether the problem was known or should have been known.
Product defect cases often involve multiple responsible parties. We identify all companies in the chain of distribution—manufacturers, component suppliers, distributors, and retailers—and evaluate what insurance coverage may apply. We also assess whether other parties contributed to the injury (for example, a property owner, contractor, or negligent driver) and develop a comprehensive strategy to present the strongest case under California law.
We work with you and your medical providers to document the full impact of your injuries—treatment needs, future care, lost income, and how your life has changed. We then present the liability evidence and damages in an organized demand to the responsible companies and insurers. Throughout negotiations, we handle communications, push back against attempts to shift blame or minimize your injuries, and keep you informed while you evaluate any settlement offers.
If a fair resolution cannot be reached, we are prepared to file a lawsuit and take the case through discovery, depositions, expert testimony, and trial. Product cases often require detailed technical proof, and we focus on presenting complex engineering and medical evidence in a clear, understandable way—showing what went wrong, why the product was not reasonably safe, and what the injury has meant for you and your family.
California product liability law is designed to protect people from unreasonably dangerous products. When a consumer product, tool, device, or household item causes serious injury, the case often focuses on whether the product was defective and whether that defect was a substantial factor in causing harm.
A product liability claim is a civil case brought against companies that design, manufacture, distribute, or sell a product that is not reasonably safe. These cases can involve strict liability, negligence, or both, depending on the facts.
In practical terms, that means the focus is often on the product itself—how it was designed, made, labeled, and marketed—and whether the injury was a foreseeable result of using the product in an intended or reasonably foreseeable way.
Most California product defect cases fall into one (or more) of these categories:
While the specifics depend on the defect theory, many product cases generally involve proving:
Defendants commonly argue that the product was altered, misused in an unforeseeable way, or that another cause—not the product—explains the injury. Preserving the product and building strong expert evidence are often key to addressing those defenses.
California product liability claims often involve the entire chain of distribution, which may include:
In some cases, additional parties may also share responsibility—such as a repair facility that performed negligent work, a contractor who installed the product improperly, or a property owner who failed to correct a hazard. When multiple causes exist, California’s comparative fault principles can allow responsibility to be allocated among multiple parties.
When a defective product causes serious injury, compensation may include:
Economic damages
Non-economic damages
If a product defect results in death, families may have wrongful death and related survival claims with additional categories of damages. In certain cases involving particularly egregious conduct, punitive damages may be available against some private defendants, depending on the evidence and legal standards.
California imposes strict deadlines (statutes of limitations). Missing a deadline can bar a claim entirely. In many situations:
Because product defect cases can involve technical investigation—and because preserving the product is critical—it’s wise to speak with an attorney promptly if you suspect a defective product played a role in a serious injury in San Diego County or elsewhere in California.
Forget surface-level research and mediocre inquiries. We dive deep to conduct extensive investigations and gather evidence in order to build your strongest case.
We use technology to your advantage. By using video and photography, scene recreations, and graphics, we tell your story in a visually-compelling way that other law firms cannot match.
Defense attorneys and insurance companies know us and respect us. We assess the full extent of your damages and pursue all responsible parties in order to maximize the compensation you deserve.
Catastrophic injury and wrongful death cases are rarely simple. We have taken on the largest corporations, insurance companies, and defense firms in the country and won.
We understand how important it is to have a compassionate and considerate lawyer. From providing regular case updates to ensuring clients are adequately prepared for each step of the case, we continually demonstrate our care for all of our clients.
In California, strict liability is a legal doctrine that applies to product defect cases, providing a basis for holding manufacturers, distributors, and sellers liable for injuries caused by defective products, regardless of fault or negligence. Under strict liability, a plaintiff does not need to prove that the defendant acted negligently or intended to cause harm. Instead, the focus is on whether the product was defective and whether the defect caused the plaintiff's injuries. Key points regarding strict liability include:
Burden of Proof
In a strict liability claim, the plaintiff bears the burden of proving three elements:
No Requirement for Negligence
Unlike traditional negligence claims, strict liability does not require proof of negligence on the part of the defendant. Even if the defendant exercised reasonable care in designing, manufacturing, or marketing the product, they may still be held strictly liable for defects that cause harm to consumers.
Scope of Liability
Strict liability extends to all parties in the product’s distribution chain, including manufacturers, distributors, wholesalers, and retailers. Each party in the chain of distribution may be held strictly liable for defects in the product that cause harm to consumers.
Public Policy Rationale
The policy underlying strict liability is to ensure that manufacturers and sellers bear the costs of injuries caused by defective products, rather than placing the burden on injured consumers. Strict liability encourages manufacturers to design and produce safe products and provides consumers with a means of seeking compensation for their injuries without the need to prove fault.
Comparative Fault
California follows a system of comparative fault, which allows for apportionment of fault among multiple parties in a product liability case. If the plaintiff's own negligence contributed to their injuries, their recovery may be reduced proportionally based on their degree of fault.
In summary, strict liability imposes liability on manufacturers, distributors, and sellers for injuries caused by defective products, regardless of fault or negligence. This doctrine serves to protect consumers by holding responsible parties accountable for the safety of their products and providing a legal remedy for those injured by product defects.
Get medical care first, especially for burns, head injuries, deep cuts, or symptoms that worsen over time. If you can do so safely, take photos or video of the product, the scene, and your injuries right away.
Most importantly, preserve the product exactly as it is—don’t throw it away, repair it, or let anyone “take it back” without legal advice. Save the packaging, manuals, warning labels, receipts, and any online order confirmations. If the incident happened in San Diego County, it can help to speak with a product defect attorney quickly so evidence can be preserved and the right parties can be identified.
You may have a case if a product was unreasonably dangerous due to a design defect, manufacturing defect, or failure to warn, and that defect was a substantial factor in causing your injury. Product cases often involve injuries that occur during normal, intended use—or during reasonably foreseeable misuse.
Because defects aren’t always obvious, many cases require expert inspection and research into prior incidents or recalls. A lawyer can review what happened, identify which defect theory may apply, and explain whether pursuing a claim makes sense.
Most California product liability cases involve one or more of these categories:
For more detail on how these theories work, see the California Product Defect Law section above.
Product cases are evidence-driven. Helpful items often include:
If the product is being stored by someone else (a retailer, landlord, employer, or insurer), acting quickly to preserve it can be critical.
It can make a case harder, but it doesn’t necessarily end it. In some situations, other evidence may still exist—photos, video, purchase records, repair records, similar product failures, or recall history.
That said, the product is often the most important piece of evidence in a defect claim. If you still have the product or any parts, preserve them. If you don’t, speak with a lawyer promptly so your remaining evidence can be gathered and evaluated.
A recall can be important evidence that a product has a safety problem, but not receiving (or noticing) a recall notice doesn’t automatically prevent a claim. Likewise, no recall does not mean there was no defect—many defective products injure people before a recall is issued, or without any recall at all.
Your case may rely on expert analysis, prior complaints, internal documents obtained in litigation, and whether the risk was foreseeable and reasonably preventable.
In California, product liability cases often involve the full chain of distribution, which may include:
Other parties may also share responsibility in some cases, such as repair shops that performed negligent work, contractors who installed a product improperly, or property owners who created an unsafe condition. Identifying every responsible party is often key to reaching adequate insurance coverage for a serious injury.
Possibly. Many product cases involve what the law considers reasonably foreseeable misuse—ways consumers commonly use products, even if not perfectly aligned with instructions. The key questions are whether the misuse was foreseeable, whether the product should have been designed or warned differently to reduce the risk, and whether the misuse was the primary cause of the injury.
California also applies comparative fault principles in many cases, meaning responsibility can be shared depending on the facts.
In many cases, compensation may include:
For a more detailed breakdown, see the California Product Defect Law section above.
Product defect cases are subject to strict deadlines (statutes of limitations), and the right deadline can depend on the type of claim (personal injury, wrongful death, or property damage) and other factors.
Because these rules can be technical—and because preserving the product is time-sensitive—it’s smart to speak with an attorney promptly if you were injured by a defective product in San Diego County or elsewhere in California. For more context on deadlines, see the California Product Defect Law section above.
You’re not required to hire a lawyer, but product defect cases are often technical and heavily defended. They can require preserving physical evidence, working with engineers and other experts, and pursuing claims against multiple companies.
Many firms, including Hulburt Law Firm, handle serious product defect cases on a contingency fee basis. That typically means no upfront hourly fees; the attorney’s fee is a percentage of any recovery. Case costs (such as expert fees and records fees) are usually advanced and reimbursed from the recovery as explained in the written fee agreement.
Simply fill out the form or call 619.821.0500 to receive a free case review. We’ll evaluate what happened, your injuries, and potential defendants to determine how we can best help you.