Product Liability

For several decades, the Law Offices of Gary A Kessler has represented those who have been seriously injured.  Through experience and education, our firm is able to expertly evaluate medical injuries and pursue personal injury claims on behalf of the injured plaintiff.  The Law Offices of Gary A Kessler provides sophisticated legal services for almost any type of injury.

22,000 deaths and 29.5 million injuries are associated with consumer products under the U.S. Consumer Product Safety Commission’s jurisdiction.  The injuries, deaths and associated property damage from defective products cost the American public over $500 billion annually.

The U.S. Consumer Product Safety Commission advises that there are 200-300 product recalls each year.  Numerous products that are recalled because of defects or dangerous conditions include automobiles, tires, furniture, boats, planes, household appliances, tools and safety equipment such as smoke detectors and fire alarms.  These products are designed for our safe use, when they fail because of defects they can cause serious injury including brain injury, spinal cord injury, paralysis, blindness, scarring, pain, suffering and death.

While there is no federal product liability law, there are state laws, such as in California, Nevada, Oregon, Washington, Pennsylvania and D.C. designed to prevent harm and provide compensation for damages or injuries caused due to a defective product.

The Law Offices of Gary A Kessler has represented clients whom have suffered serious or catastrophic injuries and death from past defective products including:  Ford Explorer, Ford F150, Ford F-250, Ford Ranger Automobiles, GM Automobiles, Suzuki Samurai vehicles, trucks and vans, Firestone Tires, defective tires, exploding gas tanks on automobiles, airplanes, toxic chemicals, children’s toys, bicycles, skis, jet boats, parachutes, jet skis, electrical baby blankets, stand up electrical space heaters, microwave ovens, smoke detectors, fire alarms, hair dryers, household appliances, ladders, scuba tanks, dangerously defective spa covers resulting in spa and pool suction drownings, inner tubes used as recreational equipment, tools, table saws, gun manufacturers, heart pacemakers, defibrillators, etc..  Product liability laws refer to the liability of anyone with a responsibility for a product that causes injury or damage due to a defect, from the supplier or manufacturer to the seller or retailer.  Liability claims can be based on negligence, strict liability and/or breach of warranty.

Strict Product liability refers to the liability of any or all parties along the chain of manufacturers of any product for damage caused by that product.  This includes the manufacturer of component parts (at the top of the chain), an assembling manufacturer, the wholesaler and the retail store owner (at the bottom of the chain).  Products containing inherent defects that cause harm to a consumer of the product, or someone to whom the product was loaned, given etc., are the the subjects of liability suits.

The most common claim that the Law Offices of Gary A Kessler uses against a manufacturer is a “strict product liability” claim.  If you file a strict product liability claim against a manufacturer, you may not have to prove that the manufacturer was “negligent” (necessary in most other injury claims) but you may have to establish the following:- The product was, in fact, defective;


  • The defect existed prior to the manufacturer releasing the product to the consumer (public); and
  • The defect caused your damages.

A product is considered defective if it does not provide the level of safety which the community generally is entitled to expect.  We will call this the “consumer expectation test”.  This instruction is designed to accommodate either or both of the alternative tests of design defect as delineated in Barker v. Lull Engineering Co., Inc. (1978) 20 Cal.3d 413, 143 Cal.Rptr. 225,573 P.2d 443 as may be argued by the plaintiff.  Additionally, our office in representing our clients in product liability cases based on dangerously defective designs (fuel tank fire cases, Ford F-150, Ford F-250, Ford Ranger, GM, SUVs, etc.) request that the jury be instructed on California Jury Instructions BAJI: 9.00.5 Design Defect.  The level of safety will vary from case to case and it is ultimately for the court to determine whether a product is defective.  However, there are a number of factors the court will take into account when making its determination, including:- The manner in which and the intended purposes for which the product has been marketed- The packaging of the product

  • The use of any mark in relation to the product- Instructions for or warnings with respect to doing or refraining from doing anything with or in relation to the product (see California Jury Instruction BAJI: 9.00.7)- What might reasonably be expected to be done with the product
  • The time when the product was supplied                                                                                          

The U.S. Consumer Product Safety Commission protects the public from the unreasonable risk of injury or death from the 15,000 consumer products under the agency’s jurisdiction.  To report a dangerous product or a product-related injury, consumers should call CPSC’s toll-free hot-line at  (800)638-2772 or visit CPSC’s website at http/  To join CPSC’s email subscription list, go to http:/  Consumers can obtain recall information and report product hazards using the Internet atinfo@cpsc.govThis e-mail address is being protected from spam bots, you need JavaScript enabled to view it.


If you or a loved one is involved in serious defective products liability accident:                         

  • Insist that a report is filed by the Police Department, California Highway Patrol, Cal OSHA or Sheriff’s Department;
  • Obtain essential information (i.e., name, address, insurance information and product identification number of any and all persons/products involved in the accident);
  • Photograph the accident scene as well as all visible injuries;
  • Shut up!  Talk to no one about the accident or your injuries other than your attorney or doctor, never to an insurance adjuster or insurance investigator.  Do not volunteer a statement to any insurance company;- Sign absolutely nothing without consulting a lawyer;
  • Seek medical attention immediately and keep a diary of your level of pain;
  • Keep all receipts for all medical expenses and/or funeral bills and wage loss records;
  • Be sure that the defective product is kept (i.e., “preserve the evidence”) without the product presented you have essentially lost your case before a lawyer can even get started.  At least contact a lawyer to recover the product and make arrangements to “preserve the evidence” (i.e., the defective product);
  • Contact the Law Offices of Gary A Kessler an experienced law firm immediately to protect your rights and preserve the evidence!

Demand accountability from the product manufacturers and component part manufacturers.  We at the Law Offices of Gary A Kessler have handled complex product liability cases for twenty-five years.  We have the litigation experience to handle complex product liability cases.  We are prepared to front all costs required for the necessary investigation and expert witnesses needed to prepare your case for trial.  Remember, the product manufacturers are a formidable foe and must be fought against aggressively.

The laws regarding wrongful death/products liability cases are complex and include many facets of the law.  It is vital to surviving family members to seek the advice of an experienced wrongful death/product liability lawyer such as Gary A Kessler at the Law Offices of Gary A Kessler to protect your legal rights and those of your loved ones.

California products liability attorney Gary A Kessler and the Law Offices of Gary A Kessler are compassionate and fully understand that you are attempting to cope with extreme grief and sorrow associated with the loss of a loved one.  The Law Offices of Gary A Kessler carefully selects its products liability cases so that we may give you (the client) the substantial personal attention necessary to obtain a successful result for your products liability case.

The Law Offices of Gary A Kessler is prepared to front all the costs required for a thorough investigation and expert witnesses to prepare for trial of your case.  As in all wrongful death and serious personal injury cases, we advance all legal costs to prepare and present our client’s claim, and receive for our services only a percentage of what we recover for our attorney fees on their behalf.  Upon settlement our costs shall be reimbursed to us from the gross recovery.  If there is no recovery, no attorneys fees or costs are owed to our firm.

If you or a loved one has suffered serious injuries or death due to a defective product (automobiles, fuel tank fires, defective restraint systems, crash-worthiness, air planes, tires, furniture, jet boats, jet skis, household appliances, tools, safety equipment, smoke detectors, scuba gear (tanks), dangerously defective spa and pool covers resulting in drowning, swimming pool drain covers, parachutes, forklifts, excavators, paintball guns, electrical baby blankets, toxic chemicals, stand up electrical heaters, microwave explosions, children’s toys, bicycles, heart pacemakers, elevators, escalators, table saws, etc.) consult the Law Offices of Gary A Kessler and talk to experienced trial lawyer Gary A Kessler who has successfully handled hundreds of product liability cases.

The laws of product liability are extremely complex and must be analyzed correctly to determine not only the value of the fatality and/or serious injury case but what legal strategies should be employed.

When a serious injury or fatality occurs contact the Law Offices of Gary A Kessler for a thorough investigation and evaluation by an experienced lawyer who has a successful track record recovering tens of millions of dollars in product liability fatality (wrongful death) cases.

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Gary Kessler, California Personal Injury Lawyer Disclaimer: The California personal injury, wrongful death, swimming pool drowning, boating accident, dog bite, amusement park negligence, pedestrian accident, product liability, aviation accidents, or any other California legal information presented at this site should not be construed to be formal legal advice, nor the creation of a lawyer or attorney client relationship. The information contained herein is intended for information purposes only and should not be considered legal advice. All results described on this site were based on the individual facts of those said cases and are not indicative of future settlements. Results will differ from case to case. Please contact Gary A. Kessler, a California lawyer at our California law firm offices in Newport Beach or our San Francisco Bay Area office.

The Law Offices of Gary A. Kessler are licensed to practice in California, District of Columbia & Pennsylvania. Through local law firms with which we have associations, we are able to represent Personal Injury and Wrongful Death cases across the United States. Our associations allow us to represent clients"pro hac vice", meaning "for this particular occasion". In order to effectively and efficiently represent the client in these cases, we will employ the local law firms (at no additional cost to our client) to make routine court appearances and proceedings where it is necessary to assist our clients case.