Montgomery Defective Product Lawyers

Product Liability Laws

Many state and federal laws seek to protect you and other consumers from harm. They create standards for the creation, manufacturing, marketing, and sale of all types of products, from common children’s toys and clothing to complex medical devices. For starters, every product sold needs to comply with the federal Uniform Commercial Code, amongst other laws that govern the production and safety of good on the market. If a product causes you injury, harms your child, or causes the death of a family member, then federal laws may provide you a cause of action against the manufacturer or retailer.

Products sold in Alabama must also adhere to all state laws. Manufacturers are liable for your injuries or a loved one’s death caused by a product under the Alabama Extended Manufacturers’ Liability Doctrine.

Types of Defects

There are three broad types of product defects:

• Design defect- A product may not be designed as safely as possible. If a manufacturer does not implement all the safety features they could to prevent predictable injuries, then there may be evidence that the manufacturer is responsible for a design defect and liable for any injuries that defect leads to.
• Manufacturing defect- A product may have an appropriate and safe design, yet not be created correctly. If something goes wrong during the manufacturing or assembly process and this error causes you injury, then you may be able to hold a manufacturer or retailer responsible for a manufacturing defect.
• Warning defect- A product may be designed and manufactured as safely as possible, yet still pose a threat to consumer safety. In this case, manufacturers or retailers may be responsible for putting warning labels on or instructions with the product to ensure consumers reduce the risk of injury as much as possible. If these warnings are not included when necessary and the product caused you harm, then the manufacturer or retailer may be liable.

Commonly Defective Products

At Belt, Bruner, & Barnett P.C., we are aware that there is no type of product that is immune from defects. All sorts of goods can suffer from a design, manufacturing, or warning defect, making it a dangerous product that could cause you and your loved ones harm. We are experienced in handling a wide range of product liability cases. However, we also know that certain products are found defective more often, including:

• Vehicles and auto parts
• Prescriptions
• Medical devices
• Household Products
• Machinery and heavy equipment

Theories of Liability

A theory of liability is the premise you are supporting as to why the other party is liable for your injuries. In many personal injury claims, the injured party relies on negligence as the theory of liability. The other party was negligent, thereby causing another individual’s injuries. The same theory can be used in a product liability claim. However, there are also a number of other theories of liability that may be used to prove a manufacturer, retailer, or other party is responsible for compensating you for your injuries.

Four possible theories of liability for product liability claims are:

• Negligence- When you claim another party is liable based on negligence, you must first prove that the other party had a standard of care to uphold. You then have to show that the other party’s breach of that legal duty directly caused your injuries.
• Breach of warranty- When you are sold a product, you purchase the item based on a number of implied and explicit warranties. If the product does not uphold these warranties and causes you harm, you may be able to recover compensation based on a breach of warranty claim. Under this theory, you would need to prove the existence of the warranty, how the product breached that specific warranty, and how that breach directly caused you harm.
• Misrepresentation- Manufacturers and retailers often make many claims regarding a product when they advertise it for sale. If you purchased a good only to find that it did not live up to the other party’s representations and were hurt as a result, you may file a product liability claim based in misrepresentation. You will need evidence that the manufacturer, retailer, or other party’s statements were misleading or false.
• Strict liability- In the three previous theories of liability, someone has done something wrong. Their carelessness, recklessness, or intentional misconduct created a dangerous product that caused you harm. However, there are also circumstances in which a manufacturer, retailer, or other party is responsible for any harm a product causes. Strict liability is being entirely responsible for injuries caused by a product without negligence or intentional wrongdoing. In this situation, you only need to prove the other party is responsible for the product and you were directly injured by the item.

Compensation for a Product Liability Claim

If you move forward with a product liability claim, no matter which theory of liability you use, you may be able to receive compensation for:

• Medical costs
• Past and future lost earnings
• Any damage to your personal property
• Physical impairment
• Disfigurement
• Physical pain
• Mental anguish
• Loss of consortium

Let Our Montgomery Defective Product Lawyers Help You

If you or a loved one were injured because of a dangerous product, do not hesitate to reach out to our experienced and knowledgeable defective product attorneys at Belt, Bruner, & Barnett P.C. When you purchase a good online or at a store, it should be safe. As long as you are using the product as intended or as it is commonly used, no harm should come to you or a loved one. Unfortunately, the truth is that defective and hazardous products often cause consumers harm. From defective airbags in vehicles to prescription drugs that cause significant side effects, many goods on the market are not as safe as they should be.

Let us review your situation, explain your rights, and lay out your legal options. If you were hurt by a defective product, we will fight for you to receive the compensation you deserve. Contact Belt, Bruner, & Barnett P.C. today by calling (205) 933-1500 for a free consultation.