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Defective Products

Alabama products liability attorneys

Consumers are fully within their rights to expect a reasonable degree of safety from the items they buy and use. When these products are poorly designed, made or labeled and cause injury, a products liability lawsuit may be in order.

Defective products claims involve a consumer suffering harm when using an item, machine or piece of equipment as indicated by packaging and warning materials. Any product has the capacity to injure its user, but the most common defective products lawsuits involve the following items:

  • Automobile products
    • Brakes
    • Seat belts
    • Car seats
    • Car roofs
    • Tires
    • Gas tanks
  • Children’s toys
  • Baby food and formula
  • Farm equipment
  • Tools
  • Scaffolding
  • Cranes
  • Ladders
  • Defective pharmaceuticals
  • Medical devices
  • Surgical tools
  • Heart monitors

Alabama law states that an injured party or family member must file a lawsuit within two years of the date the injury occurred or the date the injury was discovered. This is an extremely short time frame, so it is vital that you contact Mann & Potter, PC immediately so the attorneys may begin investigating the claim to determine if a lawsuit is valid.

The basis for a defective product claim

All those involved in developing a product have a responsibility to ensure its safety for consumers. If the design, manufacturer, packaging or marketing firms have failed to create a safe product and a consumer is injured, the firm is legally responsible.

  • Design defects: The original design of the item did not account for safe use
  • Manufacturing defects: Product was created with faulty or toxic materials
  • Marketing defects: Item was not properly labeled with warnings against hazards or misuse

Alabama is a strict liability state, meaning that the plaintiff (injured party) does not have to prove negligence on the defendant’s behalf. Rather, the plaintiff must show that the injury was caused by a product and that the product was defective or unreasonably dangerous — it did not perform as expected and therefore endangered the user.

It is important that you keep the product that caused the injury. It is a good idea to keep any packaging or warnings as well. Do not attempt to repair the product. Take pictures of any injuries and the product after the injury was inflicted.

Righting wrongs in Alabama since 1997

Birmingham law firm Mann & Potter, PC draws on years of legal experience to help injury victims win just compensation through settlement or trial. Contact the firm online or call 205-879-9661 to begin your case with a free initial consultation.

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