When we buy used products—whether from a thrift store, an online marketplace like Craigslist or Facebook, or a refurbished electronics retailer—we usually assume the risks that come with buying secondhand. But what happens if that used product malfunctions and causes serious injury? Do you still have legal rights? Can someone be held liable?
At Hayes Law, our personal injury attorneys in San Diego have represented clients in complex product liability cases—even against some of the biggest companies in the world. In this article, we’ll break down your legal rights, how liability works in used product injury cases, and what options you have if you’re hurt.
Understanding Product Liability Basics
Product liability is the area of law that holds manufacturers, distributors, and sellers responsible when their products cause harm due to defects. Generally, these cases involve:
- Design defects – where the product’s design is inherently dangerous
- Manufacturing defects – where a mistake during production causes the product to be unsafe
- Failure to warn (marketing defects) – where the product lacks adequate instructions or safety warnings
In most cases involving new products, the law is clear: the manufacturer and other entities in the supply chain can be held strictly liable—meaning the injured party doesn’t need to prove negligence, only that the product was defective and caused harm.
But with used products, the situation becomes more complex.
Can You Sue If You Were Injured by a Used Product?
Yes—but liability depends on several factors, including who sold the product, how it was used, and whether it had been modified or repaired. Here’s how liability breaks down:
1. Manufacturer Liability
You may still be able to hold the original manufacturer liable, even if you weren’t the first buyer. For example, if a power tool has a design flaw that causes injury, the manufacturer might be liable regardless of how many times the tool has changed hands.
However, you may face challenges proving the defect existed when the product left the factory, especially if the product has been altered or worn down from use.
2. Used Product Sellers
If the injury occurred because the seller:
- Knew the product was dangerous and sold it anyway
- Failed to warn of known defects
- Repaired or modified it negligently
Then they may be held liable.
Keep in mind that casual sellers (like someone selling on OfferUp or at a garage sale) are typically not held to the same standards as commercial sellers (like pawn shops or used appliance stores). Commercial sellers can be liable if they sold a dangerous product or failed to inspect it adequately.
3. Reconditioners or Rebuilders
Businesses that recondition or refurbish used products (especially electronics or machinery) can also be liable if:
- They improperly repaired the product
- They didn’t follow safety standards
- They introduced new defects
If a company markets the product as “like new” or safe for use, they may be held to higher accountability under California law.
What You Need to Prove in a Used Product Injury Case
Unlike standard product liability cases involving new products and strict liability, used product cases may require you to prove negligence, especially if the manufacturer is off the hook or you’re going after a private seller.
You may need to show:
- The product had a defect
- The defect caused your injury
- The defendant knew or should have known about the risk
- You used the product in a reasonably foreseeable way
It’s also important to preserve the product, take photos, document your injuries, and seek legal guidance immediately to build a strong case.
Common Injuries from Used Products
At Hayes Law, we’ve seen used product defects result in:
- Electrical shocks or burns from faulty electronics
- Lacerations or crushing injuries from broken power tools
- Fires caused by malfunctioning kitchen appliances
- Car accidents from defective used auto parts
- Children’s injuries from toys with choking hazards or lead
These injuries can be serious or even fatal. And when a product fails unexpectedly, it often catches victims off guard—making recovery and accountability even more important.
What if the Product Didn’t Come with Instructions or Warnings?
One of the most overlooked risks with secondhand goods is missing packaging or documentation. If the original instructions included essential safety warnings and you never received them, that can strengthen your claim—especially against a business seller.
Under California law, sellers must ensure that consumers are properly informed of a product’s risks. Selling a product without crucial safety information could be seen as a marketing defect.
California’s Unique Laws on Used Products
California courts have recognized that product liability can extend to secondhand users, particularly when harm was foreseeable. This means:
- You don’t always have to be the original purchaser
- Retailers and resellers may still be responsible in some cases
- California’s consumer-friendly laws favor protecting injured users over shielding negligent sellers
But you still need an experienced legal team to investigate liability, deal with insurance companies, and fight for compensation.
How We Can Help
At Hayes Law, we’re known for getting results—even in tough cases where others give up. Whether you were injured by a used appliance, power tool, or defective auto part, we know how to trace liability, build evidence, and go up against big players. Our firm has taken on—and beaten—major corporations to get justice for our clients.
We offer free consultations, and you don’t pay unless we win. If you or a loved one has been injured by a used product, don’t assume you’re out of options. Let us investigate, advise, and advocate for the compensation you deserve.
