Alabama Product Injury Lawyers
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You buy and use products every day, and you expect all of them to be safe. There are health and safety standards all products and their manufacturers must abide by. When you get behind the wheel of your car, you believe it has been created in a way that makes it road safe. You expect the cleaning product you picked up at the grocery store to be effective and non-toxic. You believe the medications and food you buy are safe to ingest. However, many products make it to the shelves despite not being as safe as they should be. One small defect can create many dangerous products, which in turn can seriously injure you and others.
Whenever products are not designed and manufactured to the highest standards, they put you at risk for harm. When that harm comes to fruition, you may have the right to hold another party responsible and obtain compensation for your physical, psychological, and financial injuries. Our product injury lawyers at Belt, Bruner, & Barnett P.C. will help you pursue the compensation you deserve under the law. Contact us via our online form or call 205-933-1500 to schedule a free initial consultation.
Types of Product Defects
In general, a defect is something about a product is not like it should be. Some element of the product has made it less safe than it should be. However, not all defects are the same, and the differences among them may matter to your case. Defects are typically broken down into three categories: design, manufacturing, and warning defects. You do not need to know what type of defect caused your injuries before you talk to a defective product attorney. It is our job at Belt, Bruner, & Barnett P.C. to investigate what happened to you, find out about the defect, and determine who is liable for your injuries.
A product has a design defect when it is intended to be manufactured in a way that makes the product less safe than it could be while still serving its purpose. The product is designed in a way that could cause people harm even if it is manufactured properly and used in the intended or another foreseeable manner.
Products have manufacturing defects when they are not created in accordance with the intended specifications. When a product is not sourced, formed, assembled in the way it is supposed to, this mistake could make the product dangerous even when it is used in a foreseeable manner. Manufacturing defects may affect one or a small batch of a product. They can also impact large quantities of a product, leading to many injuries and massive recalls.
Many products are inherently dangerous even when they are designed well, manufactured properly, and used as intended. In this situation, manufacturers must warn potential users about the products dangers, which they can avoid by using the product in a certain way. Without the warnings, the user may utilize the product in a foreseeable yet hazardous way. This is also known as a failure to warn or marketing defect.
To discuss the various type of defects further, do not hesitate to contact Belt, Bruner, & Barnett P.C., an experienced product liability law firm.
Defective Vehicles and Vehicle Parts
You probably utilize some sort of vehicle every day, whether you drive your own car or you take the bus. You expect vehicles to be safe so that you can get to where you need to go and get back home without incident. However, defective automobiles are too common. Vehicles may have defective designs which make them dangerous, or a specific defective part, such as the tires, brakes, steering mechanisms, seatbelts, or airbags. If you were hurt in an auto accident and it may have been because of a defect, the best thing you can do is call one of our product injury lawyers.
Dangerous Household Products
Defective household products are sold and used each day. These products encompass everything you and other consumers regularly bring into your homes, such as furniture, window treatments, clothing, kitchen utensils, and cleaning substances. When these are not designed and created as safely as possible, they can put millions of adults and children at risk for harm. All it takes is one dangerous product in your home for you or your children to get seriously hurt. When you or a loved one are injured by a product you trusted, contact our product liability lawyers to discuss your options.
Theories of Liability for Defective Product Claims
Product liability cases differ from one another based on more than the type of defect. They can be brought on different theories of liability, the most common of which are negligence and strict liability.
Negligence is essentially a claim that the other party did not behave the way they should have, but they did not intentionally act to hurt you. They did something irresponsible that a normal person would not do, and that caused you harm. To obtain compensation for product injuries based on negligence, you must prove:
- The party responsible for the defective product owed you a duty of care.
- The party failed to uphold that duty of care.
- The party’s breach of duty led to an incident in which you were hurt.
- You suffered compensable physical, psychological, and/or financial injuries.
When you claim the other party is strictly liable, you do not have to prove that they did something wrong. Instead, you must establish:
- The product had a defect that made it dangerous.
- The product was not altered after you purchased it.
- You used the product as intended.
- You were injured while using the defective product.
- You suffered compensable physical, psychological, and/or financial injuries due to the defective product.
Breach of Warranty
Separate from negligence and strict liability are claims brought based on an alleged breach of warranty. A warranty is a promise another party makes to you, either explicitly or implicitly. You may be able to prove that the at-fault party did not uphold an explicit warranty it made to you or all consumers in a written warranty provided with the product. Marketing, advertisements, and written statements may contain explicit warranties. Or, you may establish that the party failed to keep a promise that was not put into writing, but which you reasonably expected nonetheless. Two common implied warranties in the U.S. are the implied warranty of merchantability and the implied warranty of fitness. You must establish that the breach of the warranty caused you harm, which you can be compensated for.
You may be able to bring a valid defective product lawsuit based on one or multiple theories of liability. Our Alabama personal injury lawyers will investigate your situation, gather evidence, and advise you on the strongest basis for a claim.
Laws that Apply to Defective Product Cases
Many federal and state laws may apply to your case, including the Uniform Commercial Code, Consumer Product Safety Improvement Act, and Alabama Extended Manufacturers’ Liability Doctrine. These are only three of many laws that aim to protect consumers from defective and dangerous products. The best way to discover which federal and state laws apply to your case and may impact your compensation is to contact our product liability lawyers at Belt, Bruner, & Barnett P.C.
Product Liability Compensation
If you were injured by a defective product, speak with our legal team today about pursuing compensation for your:
- Medical costs
- Loss of earning potential
- Physical pain
- Mental anguish
- Physical impairment
- Loss of quality of life
- Property loss or damage
It is nearly impossible to predict the value of your product liability claim without speaking to an experienced attorney. At Belt, Bruner, & Barnett P.C., we can offer you an objective analysis of the compensation you may be able to expect, taking into account the specifics of your circumstances and similar previous cases in the region.
The Alabama Product Injury Lawyers at Belt, Bruner, & Barnett P.C. Are Ready to Help
When you are injured by a defective and dangerous product, you are going to need an experienced and aggressive legal team on your side. You may have to go up against a large company with its own legal team. They may have seen dozens of similar cases, and they will be ready to try and reduce their liability or get rid of your claim as quickly as possible. With Belt, Bruner, & Barnett P.C. on your side, you do not have to be intimidated. You can protect your rights against major companies and insurers and fight for your right to fair compensation.