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Understanding Product Liability and Injury Claims
“Product liability” refers to the liability for any defective product that has been placed into the stream of commerce and causes damages to consumers who are using the product as it was intended to be used. Product liability is a specific type of personal injury claim that may arise when a victim has been injured or even killed by using a dangerously defective product as intended. Product liability cases can be challenging for most attorneys since they face many powerful defendants with deep pockets, including manufacturers, wholesalers, and retail stores. Still, the facts are the facts, and an experienced attorney can effectively take on these defendants.
Who May Be Held Liable in Alabama?
Liability may rest upon any or all parties along the chain of manufacture, including the manufacturer of component parts, an assembling manufacturer, the wholesaler, and the retail store owner, as well as potentially others, depending on the manufacturing and distribution processes. Although it may vary from state to state, product liability claims are commonly based on negligence, strict liability, or breach of warranty.
What Makes a Product Defective in Alabama?
Products may be found defective in any of three ways:
- The product was Defectively Designed. These defects are inherent, as they exist before the product is manufactured; in other words, even if the product is manufactured according to design specs, there is a flaw in the product’s design that makes it inherently dangerous.
- The product was Defectively Manufactured. Manufacturing defects occur during the production of the item; in other words, even if the product was designed safely, some error in the manufacturing process makes it dangerous.
- There were Defective or Inadequate Warnings. In other words, the responsible parties knew or should have known of the product’s risks yet failed to adequately warn consumers.
Remember, the victim must show they were using the product as the manufacturer intended it to be used or using it in a way the manufacturer could expect a reasonable person to use it.
How Do I Show Liability in an Alabama Product Liability Claim?
Like all personal injury cases, victims have the burden of establishing their claim. For product liability claims, the victim must show:
- The defendant sold a product that the victim uses;
- The victim suffers an injury while using the product;
- The product was defective when the defendant sold it; and
- The defect was the cause of the victim’s injury, and the injury led to financial harm to the victim.
Patrick Marshall Law Works to Hold Manufacturers Responsible for their Products Liability Injuries
If you have been injured by a defective product, contact us today to pursue compensation for your:
- Medical costs
- Loss of earning potential
- Physical pain
- Mental anguish
- Physical impairment
- Disfigurement
- Loss of quality of life
- Property loss or damage
While it can be difficult to predict the value of your product defect case, Patrick Marshall Law can provide you with an unbiased analysis of the compensation you may be able to expect based on your unique circumstances. If you or a loved one has suffered a serious injury due to a dangerous or defective product, it is important to consult with an experienced attorney. Contact Patrick today for a free case evaluation. Timing is critical to obtaining the maximum compensation for your injuries and losses.