Abramson Smith Waldsmith LLP
Treating California’s Injured With Dignity And Respect

Can you sue for emotional distress due to a defective product?

On Behalf of | Jan 23, 2025 | Defective Products

When a defective product causes harm, the impact often goes beyond physical injuries. You might experience anxiety, depression or trauma that affects your daily life and work. California law recognizes these emotional damages as valid parts of product liability claims, giving you the right to seek compensation for mental anguish.

How emotional distress claims work in California

You can claim emotional distress if a defective product puts you in immediate danger of harm. This concept, called the “zone of danger,” applies when you face a real risk of injury.

For example, if your car’s faulty brakes fail on a busy highway, you might suffer anxiety and panic attacks even if you avoid a crash. These emotional effects could lead to therapy needs, lost work time and reduced quality of life.

Different defective products can cause emotional trauma

There isn’t a specific type of product defect that can cause emotional distress. Every kind of defective product carries its own potential for causing lasting emotional impact. Here are a few ways common product defects can affect you emotionally or psychologically:

  • Malfunctioning appliances that cause fires: Persistent fears about home safety
  • Contaminated food products causing illness: eating disorders or long-term anxiety about meal choices
  • Defective medical devices failing during treatment: permanent fear of medical procedures
  • Faulty vehicle parts causing near-accidents: Driving phobias or panic attacks
  • Dangerous children’s toys harming your child: Ongoing parental anxiety and trauma for the child

These emotional scars can surface long after the initial incident, affecting your daily routines and peace of mind.

Getting the help and compensation you deserve

Product-related emotional distress can create lasting impacts on your mental health and financial stability. You might need ongoing therapy, medication or time away from work to recover.

California courts understand these hidden costs of defective product injuries. That’s why you have the chance to file claims for emotional distress. Working with an experienced product liability attorney can help you receive fair compensation for the physical and emotional damages you’ve endured.