What is a “products liability action”?

A products liability action is a legal claim brought against a manufacturer, distributor, or retailer for injuries or damages caused by a product. This type of action is a form of negligence law, which holds an individual or organization responsible for failing to exercise a reasonable level of care when it comes to products they make, distribute, or sell. In California, products liability actions are addressed in the California Uniform Commercial Code (UCC). The UCC imposes strict liability on any party in the chain of distribution of a product that is proven to be defective. This means that a court may hold the manufacturer, distributor, or retailer liable for damages resulting from a defective product even if there is no proof of negligence. Under the UCC, two forms of products liability actions exist: breaches of express warranties and strict liability claims. An express warranty is a promise made by the seller to the buyer that the product meets certain expectations. If the product fails to meet these expectations, the buyer may bring a breach of warranty claim against the seller. Strict liability claims are generally easier to prove than other negligence claims because all the plaintiff has to show is that the product was defective and that the defect caused injury. This is often evidenced through expert witness testimony and pictures or other evidence of defects in the product. If the evidence supports a finding of liability, the defendant may be ordered to pay for any economic or non-economic damages caused by the defective product.

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What is a “products liability action”?

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