Attorney Michael Rehm — (800) 978-0754

Attorney Michael Rehm represents defective product injury victims throughout San Jose and Santa Clara County. California's strict products liability doctrine — established in Greenman v. Yuba Power Products (1963) 59 Cal.2d 57 — holds manufacturers, distributors, and retailers liable for injuries caused by defective products, without requiring proof that anyone was careless. If a product is defective and that defect causes injury, liability follows. San Jose and Santa Clara County — at the center of the global technology supply chain — present a broad range of defective product claims, from consumer electronics and e-bike batteries to medical devices, motor vehicles, and industrial equipment.

Three Types of Product Defects

California recognizes three categories of product defects, each with its own analytical framework.

A manufacturing defect exists when a specific unit of the product deviated from its intended design during the manufacturing process — a brake assembly that was incorrectly installed at the factory, a battery cell that was improperly formed and prone to thermal runaway. The product performed differently from other units of the same design. Strict liability applies: if the product deviated from its intended design and caused injury, the manufacturer is liable regardless of how carefully the manufacturing process was designed.

A design defect exists when the entire product line — not just one unit — was designed in a way that made it unreasonably dangerous. California applies two tests for design defect. The consumer expectations test asks whether the product performed as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner. The risk-benefit test — also called the Wade-Keeton test — asks whether the product's design risks outweigh its utility, considering the magnitude of the danger, the feasibility of safer alternatives, and the cost of redesign. CACI No. 1203 sets out the risk-benefit test for the jury.

A failure to warn defect exists when a product that is otherwise properly designed and manufactured carries risks that are not obvious to ordinary users and the manufacturer failed to provide adequate warnings. A pharmaceutical that causes serious side effects without adequate patient-directed warnings, a power tool that presents a non-obvious hazard without instructions for safe use — both are candidates for failure to warn liability under CACI No. 1205.

Who Can Be Held Liable

Under California's strict liability doctrine, liability runs through the entire commercial chain of distribution. The manufacturer, the component part supplier, the distributor, and the retailer who sold the product to the consumer may all be held strictly liable. A retailer who sold a defective product cannot avoid liability by pointing to the manufacturer — each member of the commercial chain is jointly liable for the injury caused by the defect.

Silicon Valley Product Liability Context

San Jose's position at the center of the global technology industry creates a specific product liability landscape. Lithium battery fires in e-bikes, electric scooters, and consumer electronics are an increasing source of serious burn injuries. Software defects in vehicles, medical devices, and safety systems present emerging liability questions. Wearable technology and medical monitoring devices that provide inaccurate data may cause harm through missed diagnoses or inappropriate treatment. These are areas where product liability law is evolving alongside the technology.

Damages

Civil Code § 3333 provides that damages include all detriment proximately caused by the defendant's wrong, whether anticipated or not. Civil Code § 3283 allows recovery for future losses reasonably certain to occur. Civil Code § 3294 permits punitive damages where the manufacturer knew of the defect and consciously disregarded the safety of consumers — a theory that arises in cases involving suppressed safety studies, known defects that were not recalled, and deliberate design choices made to maximize profit over safety.

Filing Deadline — Statute of Limitations

Code of Civil Procedure § 335.1 sets a two-year statute of limitations for personal injury claims. Missing this deadline can potentially bar a lawsuit. Tolling doctrines — including the discovery rule — may apply where the defect was not immediately apparent. Contact Attorney Michael Rehm to assess the specific timeline in your case.

Santa Clara County Superior Court

Defective product cases filed in San Jose are heard at the Santa Clara County Superior Court, 191 N. First Street, San Jose, CA 95113. All limited and unlimited civil cases must be filed at the Downtown Superior Court under Local Civil Rule 1(C). E-filing is mandatory for represented parties. Cases estimated to take more than one day at trial require a Mandatory Settlement Conference before the trial assignment hearing, with the MSC Statement due no later than five court days before the conference.

Related Pages

• San Jose Personal Injury Attorney
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Attorney Michael Rehm handles defective product and mass tort cases throughout San Jose and Santa Clara County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 for a free consultation.

The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.