What You Need to Know About Product Liability

Published on July 27, 2018

When you purchase a product manufactured in the state of Alabama the last thing you think about is how it could harm you.  After all, why would you think that as you’re making your purchasing decision? Believe it or not, some products can actually be very dangerous and cause injury, death or property damage, despite following the manufacturer’s instructions. This is called Products Liability in which you can file a lawsuit against the manufacturer for selling a defective and dangerous product. Here’s what you need to know.

Alabama is unique in that you cannot file a lawsuit against the distributor, retailer or seller unless they were involved in the manufacturing or assembly of the final product that caused the injury. Therefore, the lawsuit is only filed against the manufacturer or assembler. Strict liability is also applied, meaning that if you are injured you do not have to prove standard negligence against the manufacturer to be awarded compensation for your injuries.

There are many types of products liability possibilities, but here are a few common instances in which you may encounter:

  • Tires that blow at a high speed
  • Airbags that malfunction
  • Kids toys and cribs
  • Harmful prescription drugs
  • Brakes that don’t work properly
  • Defective car or truck parts

 

With products liability, there could be various reasons for the product’s defects. The product’s design could have been flawed from the get-go, meaning this is a design defect by the manufacturer. There could also be a flaw in the manufacturing or assembly process, thus making the issue a manufacturing defect. And finally, if the instructions, warnings, or safety labels are insufficient or incorrect, then it is considered a failure to warn and a marketing defect.

If you have been harmed by a product manufactured in Alabama, you want to seek legal advice from an experienced personal injury attorney specializing in products liability. An attorney will file a claim on your behalf and help fight for your rights and the compensation you deserve. Keep in mind that there are time limitations for when a products liability lawsuit can be brought, so you must act immediately.  Also, you must maintain the product for inspection; otherwise, your claim may be lost as well.

Our Birmingham, AL personal injury firm can analyze your case.

If you believe you have suffered as a result of someone else’s actions, contact us, Lewis and Feldman, at (205) 254-6060 or toll free at (888) 295-7409 for a free, no-risk consultation about your injuries. 

No representation is made that the quality of legal services performed is greater than the quality of legal services performed by other lawyers.

 © Southern View Media 2018: Reproduction without explicit permission is prohibited. All Rights Reserved. “We Put You Online So You Don’t Get Left Behind”

Leave a Reply