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Key Takeaways
- When a defective product causes a death, surviving family members may file a wrongful death lawsuit against the responsible party.
- Product defects fall into three types: design, manufacturing, and marketing (failure to warn).
- Anyone in the supply chain – manufacturer, parts maker, assembler, wholesaler, or retailer – can potentially be held liable.
- These claims rely on strict liability, negligence, or breach of warranty, and usually require expert testimony.
- Recoverable damages include medical and funeral costs, lost income, and pain and suffering (and, rarely, punitive damages).
- In California you generally have two years to file a wrongful death claim (CCP section 335.1) – act early to preserve evidence.
When a Defective Product Causes a Death
We trust the products in our homes, our cars, and our hospitals to work as designed. When one fails catastrophically – a tire that blows out, an airbag that doesn’t deploy, a medication with hidden dangers – the consequences can be fatal. A defective product wrongful death claim sits at the crossover of two areas of law: product liability (proving the product was dangerous or defective) and wrongful death (recovering a family’s losses). So, can a defective product cause wrongful death, and can you hold the maker accountable? Yes – and below we explain how these cases work in California, and what families can do.
A Preventable Death: One San Diego Story
The stakes are not abstract. Consider a San Diego case that began with an ordinary outing. Jeff Hassett, a competent rider who used a motorized Segway to stay mobile after heart bypass surgery, was traveling on a sidewalk near the Old Town Transit Center when he struck a stub of concrete protruding three to four inches from the pavement. He suffered broken ribs, damage to his internal defibrillator, and an injured toe. After the toe was amputated, an infection set in, cardiac complications followed, and weeks later he died. His brother described the hazard as obvious – a known danger that had gone unrepaired.
That case involved a dangerous public sidewalk rather than a defective consumer product, and claims against a city follow special rules and deadlines. Under California’s Government Claims Act, you generally must file a formal written claim with the public entity within six months of the injury before you can bring a lawsuit,a far shorter window than the standard two-year deadline for most injury cases (see California Courts: Claims against the government). But it captures the same hard truth at the heart of every wrongful death from a defective product: a preventable hazard, ignored by those responsible, set off a chain of events that cost a life – and the law gives the family a way to demand accountability. Whether the danger is a cracked sidewalk or a flawed product, the question is the same: who failed to keep people safe, and what do they owe the family left behind?
Types of Fatal Product Defects
Almost any product can turn deadly when it fails, but certain categories appear again and again in fatal cases:
- Automotive parts – tires, airbags, seat belts, and brakes that fail in a crash.
- Medical devices – pacemakers, defibrillators, hip implants, and surgical mesh.
- Pharmaceutical drugs – medications with undisclosed or under-tested dangers.
- Children’s products – car seats, cribs, and toys.
- Machinery and industrial equipment – tools and equipment that lack adequate safeguards.
The Three Types of Product Defects
Fatal product defects – and the product liability deaths that follow – generally fall into one of three categories:
|
Defect type |
What it means |
|---|---|
|
Design defect |
The product is dangerous as designed, even when made correctly – a safer alternative design was available. The Ford Pinto’s fire-prone fuel tank is the classic example. |
|
Manufacturing defect |
An error in assembly or production makes one batch or unit dangerous, even though the design is sound – for example, a weak weld or a contaminated component. |
|
Marketing defect (failure to warn) |
The maker fails to provide adequate warnings or instructions. Decades of tobacco litigation over undisclosed health risks is the best-known example. |
Who Can Be Held Liable for a Defective Product?
One of the most common questions families ask is who can be held liable for a defective product. The answer: potentially anyone in the chain that brought the product to the consumer, depending on where the defect arose. That can include:
- The product manufacturer.
- The maker of a defective component (for example, the brakes in a vehicle).
- The company that assembled the product.
- The wholesaler or distributor.
- The retailer that sold it.
An experienced attorney works backward from the defect to identify every party that may share responsibility – which matters, because more responsible parties can mean more sources of compensation for the family.
How a Defective Product Wrongful Death Case Is Proven
These cases are won on evidence and expertise. Depending on the facts, a claim may proceed under one or more legal theories:
- Strict liability – the maker or seller is responsible for a defective product regardless of whether they knew about the defect.
- Negligence – a party failed to act as a reasonably careful company would have (for example, using a cheaper, weaker part to cut costs).
- Breach of warranty – the product was misrepresented or failed to perform as promised.
Proving the case typically requires gathering the design, engineering, and manufacturing records and retaining qualified experts – engineers, medical professionals, and accident reconstructionists – to establish the defect and link it to the death. It also helps to show the product was being used as intended, since a common defense is that the victim misused it. This is detailed, document-heavy work, which is why families should involve a lawyer early.
Compensation and California Deadlines
A wrongful death claim cannot undo the loss, but it can hold the responsible party accountable and provide for the family. Recoverable damages generally include economic losses (medical and funeral expenses, lost income and financial support) and non-economic losses (loss of companionship, guidance, and the pain of the loss). A wrongful death from a defective product is valued like other wrongful death claims, but the manufacturer’s deeper resources and the technical proof involved make experienced representation especially important. In California, you generally have two years from the date of death to file a wrongful death lawsuit (Code of Civil Procedure section 335.1). Because evidence can disappear and defendants question delays, it is best not to wait.
What Are the Odds of Winning a Wrongful Death Lawsuit?
There is no guaranteed outcome. The odds of winning a wrongful death lawsuit depend on how clearly the defect and causation can be proven, the strength of the documentation and expert testimony, and the liability of the parties involved. Strong, well-prepared cases – built early, with the right experts – stand the best chance. Because reputable firms handle these claims on contingency, families can pursue justice without paying anything up front.
Choosing the right defective product wrongful death lawyer matters as much as the facts: these cases demand technical proof, the right experts, and the resources to stand up to a manufacturer and its insurers.
Talk to a San Diego Wrongful Death & Product Liability Lawyer
If you lost a loved one to a defective product or another preventable hazard, you don’t have to face the manufacturer – or its insurers – alone. The San Diego wrongful death lawyers at Banker’s Hill Law Firm, A.P.C. combine product liability experience with compassionate representation, and we work on contingency – no fee unless we win. Call (619) 230-0330 or request a free, confidential case review.
Frequently Asked Questions
This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship.