Last Updated: July 27, 2026 By Faud Haghighi, Esq. — Law Offices of Faud Haghighi | Orange County Personal Injury Attorney
In California, anyone in the chain of distribution can be held strictly liable for a defective product — the manufacturer, component maker, distributor, wholesaler, and the retailer that sold it. You do not have to prove negligence, only that the product was defective and the defect caused your injury.
That single rule changes how a product liability claim gets built. Instead of focusing on who was careless, the investigation focuses on where the defect entered the product and who put it into the stream of commerce. For injured consumers in Orange County, that often means more than one potential defendant — and more than one source of insurance coverage to pursue.
What Determines Liability in a California Product Case?
California product liability law is built around strict liability, not negligence, which is why it reaches further than most people expect — pulling in every commercial party that touched the product before it caused harm.
Who Is in the Chain of Distribution?
California’s strict products liability doctrine, first established in Greenman v. Yuba Power Products and now applied through jury instructions like CACI 1203–1207, reaches everyone who commercially sells or distributes a product, not just the company whose name is on the label. That typically includes:
- The manufacturer — of the finished product, or of a defective component built into it
- The distributor or wholesaler — the middle link that moved the product from factory to store
- The retailer — the shopping center store, big-box chain, or online marketplace seller
- Any party that assembled or installed the product before sale
Each of these parties is in the business of placing the product into commerce, and California law holds each of them accountable if that product turns out to be defective — regardless of how careful they were.
What Are the Three Types of Product Defects?
Every product liability claim also has to identify what kind of defect is being alleged, since that classification shapes the evidence needed to prove the case:
- Manufacturing defects — the product left the factory different from its intended design (a mechanical part that wasn’t machined correctly, a contaminated batch)
- Design defects — the entire product line is unreasonably dangerous even when made exactly as intended
- Failure-to-warn defects — the product lacked adequate instructions or warnings about a non-obvious risk
Identifying which category applies shapes the entire case, since design and warning claims often require expert testimony while manufacturing-defect claims can sometimes be shown through the product itself.
Is Strict Liability Different From Negligence?
The distinction between strict liability and negligence is what makes these cases different from a typical injury claim, and it works in the injured consumer’s favor.
A negligence claim requires proving someone failed to use reasonable care. A strict liability claim under California law does not — you only need to show the product was defective when it left the defendant’s control and that the defect was a substantial factor in causing your injury. This is why product liability cases are frequently stronger than they first appear: a retailer that did nothing wrong can still be liable simply because it sold a defective product.
Who Can You Sue in a Product Liability Case?
Once a defect is established, the next question is practical: which of the companies in the chain of distribution is actually worth pursuing, and does it matter how the product reached you.
Can I Sue the Retailer and Not Just the Manufacturer?
Yes. Under California law, a retailer is part of the chain of distribution and can be held strictly liable even if it never touched the manufacturing process. This matters practically — the manufacturer may be based out of state, difficult to serve, or under-insured, while the local Orange County retailer is a known, reachable defendant with its own commercial liability coverage. Naming the retailer often keeps a case anchored locally and preserves access to insurance that might otherwise be out of reach. This is a related but distinct theory from the premises-based claims we cover for shopping center falls — here, the harm comes from the product itself, not the condition of the property.
What if the Product Was Used or Resold?
Products purchased secondhand or through resale platforms raise harder questions. Strict liability generally applies to parties “engaged in the business of” selling that type of product — a casual private seller is treated differently than a commercial retailer or an online marketplace seller acting as a regular distribution channel. If a product was altered, misused, or modified after it left the original seller, that can also affect liability. These cases benefit from an early, detailed review of the product’s ownership history.
Protecting Your Claim
Even a strong liability theory can lose value if it isn’t acted on quickly — deadlines and evidence both work against the injured party over time.
How Long Do I Have to File in California?
California’s statute of limitations for a personal injury claim, including most product liability claims, is generally two years from the date of injury under California Code of Civil Procedure Section 335.1. Waiting can also cost you the product itself — evidence gets discarded, repaired, or lost, and the defect becomes harder to prove the longer a claim sits. As with any personal injury matter, the value of your claim also depends heavily on documentation from day one — the same factors that drive case value in any injury claim apply here too.
A Local Example
To see how this plays out in practice, consider a defective folding ladder sold at an Orange County home improvement store. If a support bracket fails because it was manufactured out of spec, the injured buyer may have a claim against the manufacturer for the defect, the distributor that shipped it, and the retailer that sold it — three potential defendants, three potential insurance policies, from a single fall.
Frequently Asked Questions
Can I sue a store for selling a defective product?
Yes. Retailers in California can be held strictly liable for selling a defective product, even without proof they were negligent.
Do I need the product to file a claim?
Having the product strengthens the case significantly, since it may be the clearest evidence of the defect. If you no longer have it, a claim may still be possible, but preserve whatever remains — packaging, receipts, photos — immediately.
What if the manufacturer is out of business?
You may still have claims against the distributor and retailer, who remain part of the chain of distribution regardless of the manufacturer’s status.
Who pays if several companies are at fault?
California allows claims against multiple defendants in the distribution chain simultaneously, and their respective insurers and legal teams typically litigate how responsibility is divided among them.
Call Before You Deal With the Insurer
If a defective product injured you or a family member in Orange County, identifying every liable party takes a careful review of the product, its packaging, and its sales history — the kind of investigation that shapes how much recovery is available. Attorney Faud Haghighi, Esq. offers free case reviews for personal injury throughout Orange County. We work on contingency — you owe us nothing unless we recover for you.
Call (949) 313-7656 or contact us online today. Bring the product and your receipt if you still have them — early preservation of evidence is often what makes or breaks a product liability claim.
About the Author
Faud Haghighi, Esq. is a California-licensed personal injury attorney and the founder of the Law Offices of Faud Haghighi. He represents individuals and families injured through the negligence of others across Orange County — in car accidents, slip and falls, premises liability incidents, and product liability cases. Attorney Haghighi is admitted to the State Bar of California and handles all cases on a contingency-fee basis.
Law Offices of Faud Haghighi | Serving Orange County, CA | (949) 313-7656