It is the responsibility of product manufacturers, distributors, and designers to ensure the goods they manufacture and/or release to the market don’t endanger the public. It is their legal responsibility to ascertain that these items don’t cause any injury or health complications to users. You could be eligible to file for a lawsuit if you’ve suffered injuries caused by a defective commodity. You can file for a product liability claim with a Bessemer Product Liability Lawyer.
Our highly competent and experienced Alabama personal injury lawyers at Mike Bell Accident & Injury Lawyers can help you pursue justice. Our lawyers have vast experience in these types of claims. We will go above and beyond to ensure you are awarded the rightful compensation. Once we are done ascertaining who bears the blame, you can proceed with legal action. You can sue the accused party for negligence.
You stand a chance to get compensated for your troubles. Still, you can learn how to go about such cases as well as how to protect yourself. Reach out to our attorneys today to schedule a case evaluation. This is a non-obligatory consultation.
IS MY ALABAMA PRODUCT LIABILITY CLAIM VALID?
A consumer can get injured by a product in various ways. This, however, doesn’t imply that the product is certainly faulty. The manufacturer or designer may be at fault resulting in defects. Still, negligence at the point of sale or distributor may be construed as negligence. Regardless of the situation that results in the injury, the following issues need to be considered in a product liability claim:
The product’s design may result in it being unreasonably dangerous to the user or buyer. The designer could be held liable.
The product’s use may be placed in jeopardy when an error or oversight matters are missed in the manufacturing phase.
FAILURE TO WARN
Crucial information regarding the product may be unknowingly or knowingly omitted by the manufacturer. Such information may have warned the user about potential risks that come with the use of the product.
Clear and sufficient instructions and warnings should be provided by the distributor and seller on how to safely use the product. Information regarding its usage may be distorted by these parties.
Our lawyers will have a sit-down to evaluate your case. This is key in ascertaining its practicality. If the case is viable, we will proceed to the evidence-gathering stage. Evidence is critical for these types of claims.
HOW WILL I PROVE A PRODUCT WAS FAULTY?
The success of a personal injury claim regarding a faulty product requires various types of evidence for it to be successful. First, there has to be evidence that the said defective product caused the illness or injuries exhibited by the injured individual. This proof should be backed up by materials such as medical records and photos.
Our team of experts will gather relevant evidence to demonstrate that the said product was indeed faulty. It’s for this reason that we urge you to safely store the product for purposes of evidence gathering and submission. Investigations will be carried out by a team assigned to look into your case.
This investigation will point out whether the injury was caused by a manufacturing fault, design oversight, or any other hazardous cause. If you follow all instructions while using the product and still got injured, then we will push for the maximum compensation for your claim. At Mike Bell Accident & Injury Lawyers, we’ll build a strong and air-tight case to make sure you are duly compensated.
WHAT IS THE STATUTE OF LIMITATIONS FOR FILING THE CLAIM IN ALABAMA?
The law has set out a time frame within which individuals can file injury claims and lawsuits. Actions should be taken within the specified period. The injured person may give up his or her right to take action against the perpetrator if this stipulated period lapses. Ideally, this period starts as soon as the damages or injuries occur.
In other cases, it may apply from the period when the victim found out about the injuries. There are variations from state to state when it comes to the statute of limitations regarding product liability claims. In Alabama, there’s a two-year timeline from when the incident occurred to file your claim.
So, we advise you to seek legal help from a reputable and seasoned attorney to ensure you don’t relinquish your right to get compensation. This needs to be done as soon as possible. Your case will most likely not see the light of day if you opt to file it once the stipulated statute of limitations lapses. The judge will probably dismiss your claim.
TYPES OF DEFECTIVE PRODUCTS WE HAVE HANDLED IN DIFFERENT CLAIM CASES
Here are various types of defective products that we have dealt with given our many years handling these types of claims. We have offered legal services to many clients who required assistance with their product liability claims, such as:
IVC filters are inserted in the body’s primary blood vessel known as the inferior vena cava to help with blood clots. These unique implants are designed to restrict blood clots from reaching the lungs or other parts of the body. They help to eliminate complications such as deep vein thrombosis and pulmonary embolisms.
Even though the IVC is an ideal solution for these problems, its filters may present complications. The retrieval of these filters is a difficult task once they are implanted. Sometimes, they break apart. Surgeons may face an uphill task trying to find them. They may end up being transported by the blood to other parts of the body. We have encountered cases where patients passed on because of fractured IVC filters.
Talcum, also known as “baby powder” is produced from minerals that occur naturally. Nonetheless, this powder has been linked to ovarian cancer. It is produced by Johnson & Johnson. Talcum does away with dry skin since it absorbs moisture. Regrettably, this product and its producers have suffered many lawsuits and claims.
We have seen and dealt with lots of cases claiming the product caused cancer. This is more so from women. There is a belief that this powder causes cancer when it comes into contact with the reproductive organs or genitalia of women. There is also a belief that this powder could cause lung cancer when it is inhaled. Johnson & Johnson have always stated that this product is safe for use. However, it is deemed to be a potentially carcinogenic commodity by the International Association for the Research of Cancer (IARC).
METAL-ON-METAL HIP IMPLANTS
Increased criticism has been witnessed over the past years regarding these implants. They are purposed to serve as replacements if you have broken or dislocated hips. But, metallic particles have been discovered in the bodies of patients. This is as a result of these metals grinding on each other. For now, there isn’t any workable solution to this issue. Thyroid problems and heart attacks are some of the health issues that have been associated with metal-on-metal hip implants.
Hernia meshes are used in almost 90% of hernia repair procedures in the US. Even so, they still pose health risks. This product is designed to help strengthen muscle tissue. This is done over a hernia. However, they end up moving once they stiffen. This leads to their attachment to internal organs. The intestines are the most notable organ where they attach themselves. Issues such as foreign body reactions, inflammation, bowel obstruction, and chronic pain occur once this happens. A majority of the hernia mesh models haven’t been recalled by the FDA. These models pose more risks compared to their health benefits.
A non-absorbable synthetic or absorbable biological matter is used to make this mesh. A surgical incision helps to insert this implant into the vagina. SUI (Stress Urinary Incontinence) or POP (Pelvic Organ Prolapse) can lead to weakened or damaged vaginal tissue. This mesh helps to strengthen or repair this tissue. It has been discovered that this mesh can lead to serious health issues.
We have realized that manufacturer or medical negligence mainly leads to these cases being filed. Even if you have faced none of the problems detailed, you can still have a case worthy of compensation. Reach out to us to find out more about your rights and all available feasible options. We offer a free case evaluation.
Zantac is usually used to treat heartburn. However, this medication and its generic counterparts have been withdrawn from shelves by the FDA (Food and Drug Administration). This was after it was realized that the medication had cancer-causing properties. Many consumers of this product developed cancers such as colon cancer, stomach cancer, kidney cancer, and liver cancer due to contaminants.
The Monsanto Roundup lawsuits brought forward claims that consumers were not warned that there was a risk of developing cancer such as Non-Hodgkin Lymphoma when they used the product. Our team has represented various clients who’ve developed T-Cell or B-Cell non-Hodgkin’s lymphoma due to being exposed to roundup.
Our clients have also been diagnosed with mantle cell lymphoma, hairy cell leukemia, diffuse large B-cell lymphoma, follicular lymphoma, and lymphocytic leukemia.
Most people that have come into contact with this product risk developing cancer. Individuals in workplaces that use herbicides such as farmworkers, garden center employees, and landscapers are at risk of developing health complications. This is because they inhale glyphosate as they prepare, spray, or clean up the commodity. These contaminants can also be ingested by drinking water or through foods.
BESSEMER PRODUCT LIABILITY LAWYERS DEFENDING CONSUMERS’ RIGHTS
Reach out to our Alabama product liability attorney today if you or your loved one has suffered health complications or injuries caused by a faulty product. Our law offices are located in Bessemer. Our legal professionals at Mike Bell Accident & Injury Lawyers are well equipped to help you pursue justice.
Our team of seasoned and competent lawyers will evaluate your claim and collect crucial evidence to help with your case. This will ensure you are on track to win the compensation. Compensation incurred from lost wages, expenses, and damages will also be pursued. Contact us today at 205-666-6000 for a non-obligatory review of your case.