Have you been injured by a defective product? Are you in need of a Hoover Product Liability Lawyer? Product manufacturers, designers, and distributors are legally required to ensure what they make and/or release to the public pose no unreasonable risk of health problems or injury to the consumer. If you have sustained injuries after using a product that you later discovered was defective, you could be eligible to sue the manufacturer and file for a product liability claim.
At Mike Bell Accident & Injury Lawyers, we have a team of highly reputable Alabama personal injury attorneys that can help you seek justice. They have dealt with many of this type of claim and will ensure that you, as the injured victim, are duly compensated. You can take legal action once we help you find fault in the party responsible, and you can sue them for their negligence. Taking such a step will not only help you get some compensation for your damages, but it can also help be informed on the actions to take and how to stay safe. Get in touch with our lawyers today at 205-666-6000 and schedule a non-obligatory case evaluation today.
IS MY ALABAMA PRODUCT LIABILITY CLAIM VALID?
A product can injure a consumer is different ways; however, that does not necessarily imply that it was something faulty. Defects can stem from an oversight on the part of the manufacturer or designer, and it can also be due to the negligence of the distributor or at the point of sale. Whatever the circumstances surrounding the reasons for the injury, a product liability claim will often entail the following:
- Design Defect – How the product is designed makes it unreasonably hazardous to the consumer or user.
- Manufacturing Defect – An error or oversight issues happen during the manufacturing process making the product dangerous to use.
- Failure to Warn – The manufacturer knowing or unknowingly fails to include any information that warns the consumer of the potential risk of using their product.
- Marketing Misrepresentation – The distributor and seller fail to provide enough warning or instructions related to the safe use of the product, or they distort how it should be used.
Our attorneys will review your case and help determine its viability so that they can start gathering the evidence that will be crucial in supporting your claim.
HOW WILL I PROVE A PRODUCT WAS FAULTY?
For a personal injury claim case that involves a defective product to be successful, it will need several kinds of evidence. The injured person must first prove that the injuries or illness was due to the use of the said faulty product, and this should be supported by things such as photos and medical records, among other things.
We shall gather enough evidence that shows the product in question was defective. That is why we highly recommend that you keep it safe, preserving it for use as evidence. The team assigned to your case will investigate the matter and determine if the defectiveness was due to design oversight, manufacturing error, or any other hazardous reason. If you used it as it was intended to and you got injured, then we at Mike Bell Accident & Injury Lawyers are confident that you will have a strong case and will go for the maximum compensation.
WHAT IS THE STATUTE OF LIMITATIONS FOR FILING THE CLAIM IN ALABAMA?
The law gives a certain amount of time within which persons can file their injury lawsuits and claims. Failure to take actions within that stipulated period means that the injured person cannot seek any legal actions against the party at fault. Ideally, the time limit starts immediately after the injuries or damage happens, and in some cases, as soon as the victim is aware of their injuries. The statute of limitations for product liability claims does vary from state to state. In Alabama, you have two years from the time of the incident to file your claim.
As such, we recommend that you consult with a reputable and experienced lawyer as soon as possible to avoid forfeiting your right to seeking compensation. Attempting to file the lawsuit after the end of the stipulated statute of limitations will most likely result in the judge throwing out your case.
TYPES OF DEFECTIVE PRODUCTS WE HAVE HANDLED IN DIFFERENT CLAIM CASES
Some of the kind of defective products that we have come across in our many years of providing legal services and dealing with various clients that need help with their product liability claims, include:
IVC filters are unique implants inserted in the inferior vena cava (the primary blood vessel) in the body. The filters are designed to help prevent blood clots from finding their way into the lungs or any other body part, thus helping prevent complications like pulmonary embolisms and deep vein thrombosis.
While the IVC might be a useful solution, the filters have been found to cause complications in many patients. Retrieving the filters after they are implanted is not easy; they at times break apart, and surgeons will have a hard time finding them before they travel via the blood to various body parts. We have come across cases where patients died due to fractured IVC filters.
Talcum, often referred to as “baby powder” is made from naturally occurring minerals. It, however, has been associated with ovarian cancer. It is a product of Johnson & Johnson. Talcum is designed to absorb moisture, thereby preventing drying of the skin. Unfortunately, the product and its makers have faced numerous lawsuits and claims.
Of the many claims, we have seen or handled stem from the belief that it can lead to cancer, especially in women, when the powder touches their genitalia or reproductive organs. It also is believed that talcum can result in lung cancer if inhaled. While Johnson & Johnson have continually asserted their product is safe, The IARC (International Association for the Research of Cancer) considers it to be a potentially carcinogenic product.
METAL-ON-METAL HIP IMPLANTS
The implants have come under fire over the past years. They are designed to serve as suitable replacements for dislocated or broken hips. However, metal-on-metal hip implants have been found to grind on each other releasing metallic particles in the patient’s body. Currently, there is no viable solution to the problem. Some of the health complications that have been linked to metal-on-metal hip implants include heart attacks and thyroid problems.
Although they are a standard option in nearly 90% of hernia repair procedures in America, hernia meshes are a known health risk. The mesh or net is meant to strengthen muscle tissue over a hernia. However, they often move, become stiff, and attach themselves to other internal organs (notably the intestines), leading to complications like bowel obstruction, inflammation, chronic pain, and foreign body reactions. While the FDA is yet to recall most of the hernia mesh models, the risk they pose to patients is more significant compared to their medical benefits.
The mesh is made from absorbable biological material or non-absorbable synthetic. It is implanted into the vagina through a surgical incision. It is meant to repair or even strengthen damaged or weakened vaginal tissue that might be a problem attributed to POP (Pelvic Organ Prolapse) or SUI (Stress Urinary Incontinence). Transvaginal mesh implants have been found to trigger severe health complications.
In the cases associated with transvaginal meshes that we have seen, most are related to medical or manufacturer negligence. You might not have encountered such an issue as described below, but that does not imply that you do not have a case worth pursuing. Get in touch with us for a free case evaluation, and let us help you know more about your rights and viable options.
Zantac is mostly considered and used as heartburn medication. But it and its generic equivalents have been taken off the shelves over the past few years after the FDA (Food and Drug Administration) discovered that it contained cancer-causing properties. The contaminants are the reason countless consumers developed cancers such as kidney cancer, colon cancer, liver cancer, and stomach cancer.
According to the claims brought forward in the Monsanto Roundup lawsuits, the company is said to have failed to warn consumers of the risk of developing cancer like Non-Hodgkin Lymphoma, among others. We have represented different clients that have experienced substantial exposure to roundup and were diagnosed with T-Cell or B-Cell non-Hodgkin’s lymphoma and related subtypes like hairy cell leukemia, mantle cell lymphoma, chronic lymphocytic leukemia, diffuse large B-cell lymphoma, and follicular lymphoma.
Many of the people that use roundups are at risk of developing cancer. Such people include garden center employees, farm workers, landscapers, and those in workplaces that expose them to herbicides. They develop health complications because of breathing in glyphosate while mixing, spraying, or cleaning up the product. People can also ingest the contaminants via their food or drinking water.
CONTACT OUR HOOVER PRODUCT LIABILITY LAWYERS
If you or a loved one has sustained injuries or health complications after using a product, get in touch with our Alabama product liability lawyer today in our law offices in Hoover. At Mike Bell Accident & Injury Lawyers, we have the best legal experts that are willing to help you seek justice.
Our highly experienced and accomplished attorneys will review your claim and gather the necessary evidence that will be used to support your case and ensure you win the compensation. We will pursue compensation for all incurred expenses, damages, and lost wages resulting from the use of the faulty product. Contact us today at 205-666-6000 to schedule a non-obligatory case evaluation.