There are so many products for purchase on the market. However, some products can cause injuries to people because of their design or manufacturing process. That is why Alabama law requires manufacturers, retailers, and wholesalers to ensure their products are safe for their customers and users.
If a defective product injures you in Montgomery, you can get monetary damages. However, it is expensive and time-consuming to handle product liability lawsuits, so we encourage you to hire our Montgomery product liability lawyers. We will help you identify the liable party, gather all available evidence, and account for potentially available damages.
At Mike Bell Accident & Injury Lawyers, we understand defective products can negatively impact your life. Defective products can cause missed work, unnecessary medical costs, pain and suffering, and devastating injuries. We are prepared to fight and win for you. We will not charge you fees unless we win for you! Contact our Montgomery personal injury attorneys to get a free case evaluation today!
DO I HAVE A PRODUCT LIABILITY CLAIM?
You must prove the defective product directly caused your injury. Additionally, you must prove the product was unreasonably dangerous due to the defect. You must prove these two elements to successfully file a product liability lawsuit.
You must prove one of the following types of defects to have a product liability claim:
- Design Defects – the design of the product is believed unsafe and can pose a threat to users.
- Manufacturing Defects – the manufacturer manufactures or assembles a defective product.
- Warning Defects – there are no safety warnings or instructions warning users of the dangers of the product.
- Marketing Misrepresentation – the seller fails to provide warnings or instructions about using the product.
TYPES OF DEFECTIVE PRODUCTS CASES
There are several types of claims in product liability law. A company or person can be held liable for various products, including unreasonably dangerous food and faulty medical devices.
Therefore, there are unique procedures and features in defective product cases, making them very complicated. You can generally seek compensation for:
- Dangerous drugs
- Nicotine poisoning
- Defective medical devices
- Defective guardrails
- Defective children’s products
- Defective vehicles
- Defective airplane
HOW CAN I PROVE A PRODUCT WAS DEFECTIVE?
Once you decide to file a product liability lawsuit, you must first prove the product was defective to have a strong case. You must prove the defendant was negligent and their actions made the product become a liability. You can use different ways to prove a product was defective. However, it is more important to showcase negligence.
You must prove the product did not work as advertised or the product was not appropriately labeled. You need to prove the defective product directly caused your injury. You must prove the product was defective to have a strong chance of getting the compensation you rightfully deserve.
However, it is not easy to prove a product was defective on your own. We encourage you to hire an experienced and reputable product liability lawyer to help you prove a product was defective. In fact, the best lawyers will work with experts to prove the product was defective.
WHAT ARE THE 3 TYPES OF PRODUCT LIABILITY LAWSUITS?
Alabama law requires all products to meet a minimum quality and safety standard. However, some products on the market do not even follow the set rules and regulations. Therefore, these products can cause harm to users, so the designers and marketers of these products can be held liable for injuries, damages, or fatalities.
Here are the 3 types of product liability lawsuits:
You must prove negligence to win your product liability lawsuit. You must prove the defendant did not exercise care or caution in the design or manufacture of the product. You must also prove the defendant knew that their product was defective. You must prove the defects in the design or manufacture of the product caused your injuries.
If the defendant exercised care and caution in the design and manufacture of the product, you must still prove that the defect in the product existed and the defect caused your injury. The strict liability only applies if you bought the product in the chain of distribution. So, strict liability does not apply to second-hand products.
BREACH OF WARRANTY
Buyers rely on two warranties when buying a product. The warranties are the implied warranty and the express warranty.
The express warranty is the representation of the product and the safety of the product that the manufacturer makes. Implied warranty promises if the user uses the products as intended, the product will not harm the user.
Therefore, you can sue for breach of warranty even if you were not a party to the original guarantee or warranty.
WHEN IS A CLASS ACTION LAWSUIT APPROPRIATE?
You can file a product liability on your own or as part of a class action, especially if the defective product injures several people in the same manner.
A large group of people can suffer similar injuries because of the defective product, so a small group of people can represent these people in a product liability class action lawsuit.
A class-action lawsuit is appropriate where the value of an individual product liability lawsuit is not more than the legal costs involved. It is also appropriate when the amount of damages every plaintiff will get would be nominal.
If the users suffer unique or severe injuries, a class action lawsuit is not used.
WHO CAN BE HELD LIABLE FOR A DEFECTIVE PRODUCT INJURY?
You can seek compensation from more than one liable party, such as retail outlets, wholesalers, and manufacturers. The parties involved in the chain of distribution of the defective product can be held liable. Therefore, you must include all the parties involved in the chain of distribution when putting together your claim.
Here are the parties that can be held liable for a defective product injury:
You must include the manufacturer of the defective product, such as a big company, the person manufacturing the product from their garage, or the parties designing or promoting the product.
The retailer must ensure the product is safe for use since the retailer will promote the product. If a person buys a defective product from the retailer, the retailer can be held liable for damages. Therefore, the retailer does not have to be involved in the design and manufacture of the product to be held liable.
The wholesalers are the middlemen between retailers and manufacturers. Therefore, wholesalers can also be held liable for damages if they sell defective products. They do not have to be involved in designing and manufacturing the product to be held liable.
WHAT DAMAGES CAN AN ATTORNEY HELP ME RECOVER IN A PRODUCT LIABILITY LAWSUIT?
The damages your product liability attorney can help you recover in a product liability lawsuit are special, compensatory, or punitive damages. The damages you will recover will cover; emotional anguish, pain and suffering, lost wages, and present and future medical costs.
The purpose of these damages is to reimburse the plaintiff for their losses that are not possible to calculate, such as loss of consortium, the value of future lost wages, medical expenses, mental anguish, pain and suffering, and more.
The purpose of these damages is to help the plaintiff get back on their feet after the injury. They are further categorized into special damages and general damages.
The purpose of these damages is to reimburse the plaintiff for their financial losses and out-of-pocket expenses, such as medical bills, property damage, lost wages, and more.
Punitive damages are only awarded in wrongful death cases or in cases where there is “clear and convincing evidence that the defendant consciously or deliberately engaged in oppression, fraud, wantonness, or malice.”
WHAT ARE THE ELEMENTS OF A SUCCESSFUL PRODUCT LIABILITY CLAIM?
Here are the elements the plaintiff needs to prove in a product liability lawsuit:
- The plaintiff suffered losses or was injured – There is no claim if there are actual damages or injuries to the plaintiff. Therefore, the plaintiff needs to prove actual monetary loss or injury because of using the defective product.
- The product was defective – The plaintiff needs to prove there were manufacturing defects or design defects on the product or the manufacturer did not warn about the product’s risks.
- The defect directly caused the injury – The plaintiff needs to prove the injury he or she sustained was due to the defect itself.
- The plaintiff used the product as intended – The plaintiff needs to prove he or she used the product the way the company intends its users to use it.
CONTACT OUR MONTGOMERY PRODUCT LIABILITY LAWYERS TODAY
Defective products can cause severe injuries and damages, including emotional, physical, and financial stress. If a defective product has injured you or your loved one, you can get compensation for your injuries and damages. However, it is not easy to get compensation since insurance companies do not like paying their claims.
We recommend hiring reputable and experienced product liability lawyers to help you file a product liability lawsuit. Product liability lawyers will not charge anything until they win your case. They will represent you in court. And they understand time limits.
At Mike Bell, we have experienced and highly skilled product liability lawyers and resources to take on any product manufacturer. Our product liability attorneys will protect your rights. We will ensure the other party will not take advantage of you. Contact our personal injury firm today at 334-666-5000 for a free no-obligation case review.