Product manufacturers, designers, and distributors have a legal obligation to ensure that their products are consumer-safe and won’t create a substantial risk of injury to their consumers or cause health problems. Therefore, if you suffer injuries as a result of using a defective product, you have a right to seek compensation from the manufacturer.
The first step when it comes to seeking compensation for injuries caused by a defective product is to file for a product liability claim. Mike Bell Accident & Injury Lawyers has a team of experienced and skilled Talladega product liability lawyers who are always ready to help victims of defective products. These lawyers have handled many defective product lawsuits and can help you receive the compensation you deserve.
At Mike Bell Accident & Injury Lawyers, we will help you determine that the product that caused your accident was faulty to enable you to sue the manufacturer for their negligence. Apart from increasing your chances of receiving the compensation you deserve, taking such a step can help you know what to do next and how to ensure your safety. Contact our Talladega personal injury lawyers today to schedule a non-obligatory case evaluation as soon as possible after being injured.
HOW CAN I DETERMINE WHETHER I HAVE A VALID ALABAMA PRODUCT LIABILITY CLAIM?
A consumer can be injured by a product in several ways. However, it doesn’t mean that it was something faulty. Defects can be caused by failure to conduct proper oversight on the part of the designer or manufacturer, a distributor’s negligence, or negligence at the point of sale. Regardless of the circumstances surrounding your injury, your product liability claim usually entails:
- Design Defect: There was a problem with the design of the product that causes an unreasonable risk of injury or results in health problems.
- Manufacturing Defect: Oversight issues or an error when the product was being manufactured made the product dangerous to the user or consumer.
- Failure to Warn: The manufacturer did not warn the consumer either knowingly or unknowingly about the potential dangers of using their product.
- Marketing Misrepresentation: The distributor and seller did not warn the user about the dangers of using the product or did not provide instructions related to using the product safely or they misrepresented the product.
Our attorneys in Talladega, AL, will review your case to determine the validity of your product liability claim. This will help them start the process of collecting evidence that will support your claim.
HOW CAN I PROVE THE PRODUCT THAT CAUSED MY INJURIES WAS DEFECTIVE?
Gathering evidence plays an important role in a product liability case as such a case hugely depends on the evidence collected to support your claim. If you are injured by a defective product, you have to prove the use of a defective product caused your injuries or illness and support your claim with things like medical records and photos. Our lawyers know how to gather evidence to prove that a defective product is responsible for your injuries or illness.
That is the reason why we ask our clients to preserve the defective product for use as evidence. We understand that there are many reasons defects in products occur and that is why the team that handles your case will conduct a thorough investigation to determine the reason for the defect in the product. If you used the product that caused your illness or injuries properly, our lawyers at Mike Bell Accident & Injury Lawyers will help you build a strong case that will help you receive maximum compensation.
WHAT IS THE STATUTE OF LIMITATIONS FOR FILING A PRODUCT LIABILITY CLAIM IN ALABAMA?
The law gives victims of defective products a certain amount of time within which they should file their claims and lawsuits. If a victim fails to file his or her injury lawsuit or claim within the stipulated time, then he or she can’t seek any legal actions against the party responsible for their injuries or illness. The victim’s case will most likely be thrown out by a judge.
Ideally, the time limit starts immediately after the damage or injuries occur, and sometimes, as soon as the victim knows of his or her injuries. Different states have different statutes of limitations for product liability claims.
In Alabama, victims of defective products are required to file their injury lawsuits and claims within 2 years after the occurrence of the damage or injuries. That is why it is a good idea to contact an experienced and skilled attorney immediately after being injured. The attorney will ensure that your product liability claim is filed within the stipulated time.
WHAT ARE COMMON CAUSES OF PRODUCT LIABILITY CLAIMS?
Some of the types of defective products cases we have handled before include:
An inferior vena cava filter (IVC) is a small metal device placed in the inferior vena cava (the primary blood vessel) to prevent blood clots from entering the lungs or any other part of the body. The main aim of doing this is to prevent complications such as deep vein thrombosis and pulmonary embolisms.
Despite helping in the prevention of complications, IVC can result in complications in many people. Removing IVC filters is a daunting task for surgeons as these filters may break apart and make it hard for surgeons to find them before the blood carries them to other parts of the body. We have come across cases where people died due to fractured IVC filters.
Talcum, popularly known as baby powder, is made from naturally occurring minerals and is used to prevent drying of the skin by absorbing moisture. However, this product from Johnson & Johnson is linked to ovarian cancer. Many people have filed lawsuits and claim against talcum and its manufacturer. Many people who file claims and lawsuits against talcum believe that the product causes ovarian cancer when it comes into contact with their reproductive organs or genitalia.
Apart from ovarian cancer, talcum is believed to cause lung cancer when inhaled. Even though Johnson & Johnson have continually asserted that talcum is consumer-safe, the International Association for the Research of Cancer (IARC) considers this product potentially carcinogenic to humans.
METAL-ON-METAL HIP IMPLANTS
Metal-on-metal hip implants have come under criticism for many years due to the problems and side effects they cause. These implants are used to replace broken or dislocated hips. However, the implants have been found to grind on each other hence causing the metal particles to enter a person’s body. Unfortunately, there is nothing that can be done to solve this problem. Metal-on-metal implants can cause health complications like thyroid problems and heart attacks.
Hernia meshes are used in about 90 percent of hernia repair procedures in the US. The net or mesh is meant to make the muscle tissue over a hernia stronger. However, these meshes can cause complications such as inflammation, bowel obstruction, foreign body reactions, and chronic pain.
This is because these meshes move, stiffen and attach themselves to internal organs (especially the intestines). Even though the FDS has not yet recalled most of the hernia mesh models, it is important to note that the risks of hernia meshes are more significant than their benefits.
Transvaginal mesh is made either from non-absorbable synthetic or absorbable biological material and is surgically inserted into the vagina through an incision. This mesh is used to strengthen or repair weakened or damaged vaginal tissue caused by Stress Urinary Incontinence (SUI) or Pelvic Organ Prolapse (POP). However, despite their medical benefits, transvaginal mesh implants can lead to serious health complications.
Most of the cases associated with the transvaginal meshes we have come across are related to the manufacturer or medical negligence. Even if you have never experienced an issue like the one described below, it doesn’t mean that you don’t have a case worth pursuing. Contact us for a free case evaluation so that we can help you know your rights and the best legal options.
Zantac is a popular heartburn drug that was removed from the market after the Food and Drug Administration (FAO) discovered that it can cause cancer (Zantac and its generic equivalents have been removed from the market). Many people who used Zantac developed colon cancer, kidney cancer, or stomach cancer.
According to the claims brought forward in the Monsanto Round-up lawsuits, the herbicide’s manufacturer, Monsanto, did not warn those using Roundup about the fact that the product can cause cancer in humans especially Non-Hodgkin Lymphoma. We have represented clients who developed T-Cell or B-Cell non-Hodgkin’s Lymphoma and related subtypes such as mantle cell lymphoma, hairy cell leukemia, diffuse large B-cell lymphoma, chronic lymphocytic leukemia and follicular lymphoma following substantial exposure to Roundup.
Most of those who use Roundup including farmworkers, garden center employees, landscapers, farmworkers, and those in workplaces that expose them to herbicides are at risk of developing cancer. Those who are exposed to Roundup develop health complications because they breathe in glyphosate while mixing, spraying, or cleaning up the product. People can also ingest glyphosate through their drinking water or food.
OUR TALLADEGA PRODUCT LIABILITY LAWYERS ARE HERE TO HELP YOU
If you or your loved one suffered injuries or became ill after using a product, contact our Alabama product liability lawyers in Talladega as soon as possible. Our law offices are found in Talladega. At Mike Bell Accident & Injury Lawyers, we have a team of experienced and skilled lawyers who seek justice for victims of defective products.
Our lawyers will review your product liability claim and collect the evidence to support your claim. We will ensure that you get the compensation you deserve for all damages, incurred expenses, and lost wages resulting from the use of the defective product. Call our personal injury firm in Talladega today at 256-666-6000 to schedule a non-obligatory case evaluation.