Product designers, manufacturers, and distributors in the United States have a legal obligation to make sure that the products that they release into the market don’t pose an unreasonable risk of illness or injury to consumers. If you believe that a defective product is to blame for the injuries you suffered, you may have a valid product liability claim and you may need an Anniston Product Liability Lawyer.
The personal injury lawyers in Alabama at the Mike Bell Accident & Injury Lawyers have the resources and knowledge to help injured victims recover the financial compensation required for recovery. The negligent party can be held accountable for the losses you suffered through legal action, which can not only provide you with financial compensation but also help ensure that others don’t suffer injuries or illness too. For your free, comprehensive case evaluation get in touch with us today.
IS MY ALABAMA PRODUCT LIABILITY CLAIM LEGITIMATE?
A consumer may be injured by a product he/she purchases in many different ways, but it does not automatically mean that the product is faulty. Product defects typically stem from some form of oversight or negligence at some point during a product’s design, manufacture, or sale. Product liability claims usually involve the following:
The product’s design is unreasonably dangerous and actually poses a threat to the user.
A mistake is made when the product is undergoing the manufacturing process, which makes it dangerous to use.
FAILURE TO WARN
The manufacturer fails to include any warning of the potential dangers associated with the use of the item.
The seller fails to provide sufficient warnings or instructions about the use of the product and misrepresents how the item should be used.
An experienced lawyer in Anniston, AL will help you determine whether you have a legitimate claim and can start to gather evidence to support it.
HOW DO YOU PROVE THAT A PRODUCT WAS DEFECTIVE?
A successful personal injury claim that involves a defective product will usually require several forms of evidence. First, the injured party should demonstrate the extent of illness or injuries the faulty product caused by photographs of the injury, medical records, and other signs of damages.
It will equally be important to prove that the product in question was actually defective. The product responsible for the injury should be preserved to be used as evidence. A knowledgeable attorney should investigate whether the product was faulty due to a defect in its design, an error in manufacturing, or any other hazard.
If the product was used as it was intended and the injury was a direct result of the injury, a product liability lawyer from the Mike Bell Accident & Injury Lawyers will have a strong case to support your claim against the responsible party.
WHAT IS THE TIME LIMIT FOR FILING A CLAIM IN ALABAMA?
You will have a limited amount of time within which to take action against the responsible party as is the case with most injury lawsuits or claims. It is referred to as the statute of limitations. The time limit starts immediately the damage or injury occurs or the victim becomes aware of the injury that was caused over a duration of time.
The statute of limitations typically varies from one state to the next, but in Alabama, you will have a maximum of 3 years within which you should file your product liability claim. Consult with a lawyer within the shortest time possible to ensure that you don’t forfeit your legal right to take action. If you try filing your claim after the statute of limitations has elapsed, the judge will most likely throw out the case.
WHAT OTHER TYPES OF DEFECTIVE PRODUCT CLAIMS DO YOU HANDLE?
The following is a list of other types of defective product claims and cases we handle including dangerous drugs and medical devices:
IVC filters are surgical implants inserted into the primary blood vessel in the body, which is the inferior vena cava. The filters can prevent blood clots from getting into the lungs (a condition referred to as pulmonary embolism) as well as other parts of the body.
IVC filters are typically implanted in patients who are at a high risk of developing pulmonary embolism and deep vein thrombosis. In spite of the usefulness of IVC filters, they have unfortunately been proven to pose a danger to many patients.
It can sometimes be very difficult for surgeons to retrieve the filters once they have been implanted and they sometimes break apart and their fragments travel to various parts of the body. Fractured IVC filters have been linked to numerous fatalities.
Talcum, which is often referred to as “baby powder” is made up of naturally occurring minerals and has unfortunately been linked to ovarian cancer. Johnson & Johnson is the company that manufactures the product and its ability to prevent the drying out of the skin and absorbing moisture is renowned.
Unfortunately, there have been several claims filed against the baby powder manufacturer. Most claims stem from the belief that when talcum powder comes into contact with female reproductive organs and genitalia, it may potentially cause cancer.
Others fear that inhaling talcum powder can cause lung cancer may cause lung cancer. While Johnson & Johnson has maintained that its products are safe, baby powder is currently considered “possibly” carcinogenic by the International Association for the Research of Cancer.
METAL-ON-METAL HIP IMPLANTS
In recent years, metal-on-metal hip implants have come under fire. The implants are designed to serve as a replacement for dislocated or broken. They are largely composed of metal components as their name may suggest.
Unfortunately, when patients with such implants move, the metal pieces may grind together thus releasing metal particles into his/her body. Currently, there’s no way to prevent this problem, and the metal-on-metal implants have been linked to everything from heart attacks to thyroid problems.
Hernia meshes are used in about 90 percent of all hernia repair surgeries in the USA, in spite of their known risks to health. They are designed to strengthen the muscle tissue over the hernia, but they usually end up hardening, moving, or even adhering to other internal organs (intestines); causing bowel obstruction, inflammation, foreign body reactions, as well as chronic pain for victims. While many hernia mesh models have not been recalled by the FDA, they are uniformly dangerous for patients and offer little medical benefit.
Transvaginal mesh is a surgical mesh that’s made of absorbable biological or non-absorbable synthetic material that’s inserted via an incision made in the vagina. It is used for repairing and/or strengthening damaged or weakened tissues commonly attributed to stress urinary incontinence (SUI) and pelvic organ prolapse (POP). Transvaginal mesh implantation has unfortunately been shown to lead to serious complications.
Transvaginal mesh may lead to several complications that can point to medical or manufacturer negligence. However, even if you have not experienced the problems described above, it does not automatically mean that your claim is not valid. We offer a free consultation, which means that you have nothing to lose. Contact us, tell us about your experience, and we will help you understand your legal options and rights.
The Food and Drug Administration (FDA) informed the public that Zantac, the popular medication for heartburn could contain cancer-causing contaminants thus triggering it’s being pilled from shelves. The contamination is believed to have led countless consumers to develop dangerous cancers, which include stomach cancer, colon cancer, liver cancer, and kidney cancer.
If you or a loved one developed cancer after taking Zantac or its generic equivalent, you can be sure that our team is ready to help you take legal action against the parties responsible.
The Monsanto Roundup lawsuit alleges that the company did not warn uses of the increased risk of developing non-Hodgkin lymphoma among other forms of cancer.
Our law firm is seeking compensation for persons that have experienced significant exposure to Roundup and have been diagnosed with a form of T-Cell or B-Cell non-Hodgkin’s lymphoma, which includes its numerous subtypes such as chronic lymphocytic leukemia, follicular lymphoma, hairy cell leukemia, diffuse large B-cell lymphoma, and mantle cell lymphoma.
The most serious side effect associated with the exposure to the main ingredient in Roundup, glyphosate, is the development of cancer, specifically leukemia, non-Hodgkin lymphoma, and B-Cell lymphoma.
The persons most at risk for developing cancer are people that work on farms as well as others with workplace exposure to the herbicide, such as employees in nurseries, garden centers, as well as landscapers. Persons are exposed to glyphosate from inhaling it while spraying, cleanup or mixing, or even through drinking water or eating food that’s contaminated with it.
ANNISTON PRODUCT LIABILITY LAWYERS PROTECTING THE RIGHTS OF CONSUMERS
If you or a loved one has been injured by a product, you should get in touch with the product liability lawyers at the Mike Bell Accident & Injury Lawyers to discuss your best legal options moving forward.
We will apply our many years of experience to your claim to help you secure the compensation you deserve and need for lost wages, medical bills, along with other damages that result from the harm a defective product caused. Don’t hesitate to call us at 256-666-6000 or email us to talk to a knowledgeable lawyer about your situation.