Lewis & Feldman, LLC

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BIRMINGHAM, AL PRODUCTS LIABILITY ATTORNEY

According to Products Liability law, it is the responsibility of a manufacturer, or possibly the distributor of a product, to ensure it is safe and does not cause the consumer harm under its normal intended use. Manufacturers of products such as consumer goods, consumable goods, medical devices, and vehicles may be subject to liability should the products be defective and cause harm. If you have been injured by a defective or unreasonably dangerous product, you may need to file a products liability lawsuit.

A products liability lawsuit applies to the following defects:

  • Design Defect – a flaw in the design that makes the product defective or dangerous before it is even assembled.
  • Manufacturing Defect – a defect that occurs during the manufacturing process that makes the product dangerous.
  • Marketing Defect (Failure to Warn) – poor or insufficient instructions, labels, and safety warnings.

 

With strict liability, the person injured by the defective product does not necessarily have to prove standard negligence against the manufacturer or distributor of the product in order to be awarded compensation for their injuries. Those responsible and held liable for the defective product could be the product manufacturer, the manufacturer of the product’s parts, the party that assembles the product, the wholesaler, and the store that sold the product (although, the seller is less likely to be held liable with the most recent statutory changes – see statute below).

Any manufacturer and/or distributor of a product which causes injury to an individual in Alabama may be liable to that individual under the Alabama Extended Manufacturer’s Liability Doctrine.

If you or someone you know is injured by a product in Alabama, DO NOT dispose of the product. If the product is not preserved in its original state, your case could be lost forever.

If you or someone you love has been injured due to a product defect in Alabama, please schedule a free initial consultation by calling the Birmingham personal injury law firm of Lewis & Feldman, LLC locally at 205-254-6060, toll-free at 888-295-7409 or complete our contact form. You can also email us at jon@LewisAndFeldman.com and dfeldman@LewisAndFeldman.com. Our Birmingham based law firm may provide legal representation to help you resolve your product liability case and collect compensation for your product liability injury. Although our law firm is based in Birmingham, AL we handle product liability cases throughout the state of Alabama.

STATUTE

Section 6-5-521

“Product liability action” defined.

(a) A “product liability action” means any action brought by a natural person for personal injury, death, or property damage caused by the manufacture, construction, design, formula, preparation, assembly, installation, testing, warnings, instructions, marketing, packaging, or labeling of a manufactured product when such action is based upon (1) negligence, (2) innocent or negligent misrepresentation, (3) the manufacturer’s liability doctrine, (4) the Alabama extended manufacturer’s liability doctrine as it exists or is hereafter construed or modified, (5) breach of any implied warranty, or (6) breach of any oral express warranty and no other. A product liability action does not include an action for contribution or indemnity.

(b) No product liability action may be asserted or may be provided a claim for relief against any distributor, wholesaler, dealer, retailer, or seller of a product, or against an individual or business entity using a product in the production or delivery of its products or services (collectively referred to as the distributor) unless any of the following apply:

(1) The distributor is also the manufacturer or assembler of the final product and such act is causally related to the product’s defective condition.

(2) The distributor exercised substantial control over the design, testing, manufacture, packaging, or labeling of the product and such act is causally related to the product’s condition.

(3) The distributor altered or modified the product, and the alteration or modification was a substantial factor in causing the harm for which recovery of damages is sought.

(4) It is the intent of this subsection to protect distributors who are merely conduits of a product. This subsection is not intended to protect distributors from independent acts unrelated to the product design or manufacture, such as independent acts of negligence, wantonness, warranty violations, or fraud.

(c) Notwithstanding subsection (b), if a claimant is unable, despite a good faith exercise of due diligence, to identify the manufacturer of an allegedly defective and unreasonably dangerous product, a product liability action may be brought against a distributor, wholesaler, dealer, retailer, or seller of a product, or against the individual or business entity using a product in the production or delivery of its products or services. The claimant shall provide an affidavit certifying that the claimant, or the attorney therefor, has in good faith exercised due diligence and has been unable to identify the manufacturer of the product in question.

(d) In a product liability action brought pursuant to subsection (c), against a distributor, wholesaler, dealer, retailer, or seller of a product, or against the individual or business entity using a product in the production or delivery of its products or services, the party, upon answering or otherwise pleading, may file an affidavit certifying the correct identity of the manufacturer of the product that allegedly caused the claimant’s injury. Once the claimant has received an affidavit, the claimant shall exercise due diligence to file an action and obtain jurisdiction over the manufacturer. Once the claimant has commenced an action against the manufacturer, and the manufacturer has or is required to have answered or otherwise pleaded, the claimant shall voluntarily dismiss all claims against any distributor, wholesaler, dealer, retailer, or seller of the product in question, or against the individual or business entity using a product in the production or delivery of its products or services, unless the claimant can identify prima facie evidence that the requirements of subsection (b) for maintaining a product liability action against such a party are satisfied.

(e) The definition used herein is to be used for purposes of this division and is not to be construed to expand or limit the status of the common or statutory law except as expressly modified by the provisions of this division.

(Acts 1979, No. 79-476, p. 876, §2; Act 2011-627, §1.)

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