Can I File a Claim for Injuries Caused by Defective Products?
An Alabama defective product lawyer can fight for the compensation you deserve
Every day, consumers trust that the products they purchase are safe. Whether it’s a vehicle, medication, or household appliance, people expect manufacturers to test their products thoroughly and warn them about potential risks. But when a defective product causes harm, the manufacturer or seller can be held accountable.
If you suffered an injury because of a dangerous or faulty product in Alabama, you may have the right to file a product liability claim. However, proving a product was defective and determining who is responsible can be complicated. This article explains Alabama’s product liability laws and how you can seek compensation for your injuries.
What is product liability and how does Alabama law apply?
Product liability holds manufacturers and sellers legally responsible when their products cause harm. Alabama follows a specific set of legal principles known as the Alabama Extended Manufacturer’s Liability Doctrine (AEMLD).
Under this law, you don’t have to prove that a manufacturer was negligent. You only have to prove that the product was defective and unreasonably dangerous when used as intended.
To win a claim, you must show that the product was defective, the defect existed when the product left the manufacturer’s control, and that your injury was a direct result of using the product.
What types of product defects lead to claims?
In Alabama, product defects fall under three categories:
Manufacturing defects
A manufacturing defect occurs when something goes wrong during production, which makes an otherwise safe product dangerous. For example, a batch of prescription drugs contaminated with toxic substances or a power tool with faulty wiring could create serious hazards.
Design defects
A design defect affects the entire product line, making every unit dangerous even if manufactured correctly. An example would be an SUV with a design flaw that makes it prone to rollovers.
Marketing defects
The third category, marketing defects, refers to a company’s failure to warn consumers about risks. If a product lacks proper safety instructions or does not include warnings about known dangers, users may unknowingly put themselves at risk. A common example is a medication that doesn’t warn consumers about severe side effects or interactions with other drugs.
Who can be held responsible for a defective product?
Liability in a product defect case doesn’t always stop with the manufacturer. Depending on the circumstances, multiple parties in the supply chain may be responsible. The manufacturer is often the primary culprit, but distributors, wholesalers, and even retailers can be held accountable if they played a role in putting a dangerous product into consumers’ hands.
For example, a retailer may be liable if they knowingly sold a recalled product or if they failed to remove defective merchandise from their shelves. Distributors and importers of foreign-made products may also be held responsible for defects that cause harm. In some cases, online marketplaces such as Amazon or eBay may face liability if they act as sellers rather than just facilitators.
What evidence do you need to prove your claim?
Winning a product liability claim requires strong evidence. The most important piece of evidence is the defective product itself. If possible, keep the product in its damaged state and avoid repairing or discarding it. Packaging, user manuals, and receipts can also help establish where and when the product was purchased.
Medical records are another important piece of evidence. These documents link your injuries directly to the defective product, making it harder for manufacturers to deny responsibility. Photographs and videos of the product, the injury, and the scene of the incident can also strengthen your case. If other consumers have experienced similar issues with the same product, their testimony may support your claim.
Additionally, product recalls, safety reports, or expert analysis from engineers or medical professionals can provide further proof that the product was defective and unreasonably dangerous. The more evidence you gather, the stronger your case will be.
How long do you have to file a claim in Alabama?
Alabama law imposes strict deadlines on product liability lawsuits. In most cases, you have two years from the date of injury to file a claim. If you fail to take legal action within this period, your case will likely be dismissed.
However, there are exceptions to this rule. If you didn’t immediately realize that a defective product caused your injury, the discovery rule may apply, which allows the clock to start when you become aware of the issue. Additionally, in wrongful death cases, where a defective product leads to a fatality, the two-year period begins on the date of death rather than the date of injury.
Another factor to consider is Alabama’s statute of repose, which may bar lawsuits if too much time has passed since the product was originally sold, even if the defect caused a recent injury. Because these deadlines can be complex, it’s important to consult with a lawyer as soon as possible.
What compensation can you recover in a product liability case?
If a defective product caused your injury, you may be entitled to compensation for both financial and non-financial losses. Medical expenses – including emergency treatment, surgery, rehabilitation, and ongoing care – are a major factor in many claims. Lost wages and loss of future earning potential can also be recovered if your injuries affect your ability to work.
Beyond economic damages, you may receive compensation for pain and suffering, emotional distress, and diminished quality of life. In cases where a manufacturer acted recklessly or knowingly sold a dangerous product, the court may award punitive damages to punish the company and prevent future harm. Alabama places limits on punitive damages in most cases, but there is no cap on compensation in wrongful death claims.
What defenses will manufacturers use to deny your claim?
Manufacturers and their insurers often fight product liability claims aggressively. One common defense is product misuse, where they argue that you used the product in a way that wasn’t intended. For example, if you ignored safety instructions or modified the product, they may claim you are responsible for your own injuries.
Another common tactic is the assumption of risk argument, where they assert that you knowingly used a dangerous product despite being aware of the risks. They may also argue that the statute of limitations has expired or that you can’t prove the defect caused your injury. Because these defenses can be challenging to overcome, having an experienced lawyer on your side is important.
What should you do after a defective product injury?
If a defective product injures you, taking the right steps immediately can strengthen your claim. Seeking medical attention should be your first priority, as your health and well-being come first. At the same time, preserving the product in its defective state is important. Don’t throw it away, fix it, or modify it in any way.
It’s also important to document everything related to the incident. Take clear photographs of the product, the injury, and the surrounding environment. If you can, report the defect to regulatory agencies such as the Consumer Product Safety Commission (CPSC) or the Food and Drug Administration (FDA). These agencies track dangerous products and issue recalls when necessary.
Avoid discussing your case with the manufacturer or their insurance company without legal representation. They may try to offer a low settlement or pressure you into making statements that could harm your claim. Instead, speak with an experienced Alabama product liability lawyer who can guide you through the legal process and ensure your rights are protected.
How can an Alabama lawyer help with my defective product claim?
If you or a loved one suffered an injury or illness due to a defective product, speak to an experienced product liability lawyer at Dean Waite & Associates, LLC. Companies have a responsibility to ensure their products are safe, but too often, they put profits ahead of consumer protection.
Whether it’s a defective medical device, a dangerous drug, or a faulty appliance, our Alabama law firm is ready to fight for you. We have successfully handled product liability cases, including securing a $14 million wrongful death settlement for a family who lost a loved one due to a defective space heater.
Our legal team can conduct a thorough investigation, gather evidence, and aggressively negotiate for the compensation you deserve. Whether your case requires skilled negotiation or courtroom litigation, we have the experience and resources to fight for maximum recovery.
Plus, we work on a contingency fee basis, which means you pay nothing unless we win your case. Justice should never be out of reach, and we are here to help you get the compensation and accountability you deserve. Contact us today for a free consultation to discuss your legal options.
“Very professional staff and Dean, Chase always got back to me when I would reach out! Chase kept my wife updated on my case step by step, and the experience was strictly honorable. I would definitely use him again if I needed to.” – S.C., ⭐ ⭐ ⭐ ⭐ ⭐
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