Licensed attorney since 2007. Licensed to practice law in Alabama, Mississippi, Georgia, and Washington D.C.
Product Defect Law
Birmingham Product Defect Lawyers
Product Defect Attorneys In Alabama
Fighting for Justice Across Alabama & Georgia
If you have been injured by a defective product, you may be wondering what your next step should be. You may be entitled to compensation for your injuries, and a product liability law firm can help you file a claim. Product liability law is the area of law that governs claims arising from injuries caused by defective products.
Filing A Product Liability Lawsuit
A product liability lawsuit can be filed against the manufacturer, distributor, or retailer of a defective product. In order to succeed in a product liability lawsuit, you must prove that the product was defective and that the defect caused your injuries. We are a product liability law firm with years of experience representing clients in defective product cases. We will thoroughly investigate your case and work to get you the compensation you deserve. If you have been injured by a defective product, contact us today for a free consultation.
Defective Products and Product Liability
A defective product is a product that is unreasonably dangerous to the user or consumer. In order to be considered defective, the product must have been defectively designed, manufactured, or labeled. The subject of product liability is a branch of law that addresses claims filed due to defective products. If you have been injured by a defective product, you may be entitled to compensation for your injuries. When you make a purchase, you have the right as a consumer to expect that the goods are safe for their stated purpose. Large businesses and product producers are liable for making safe goods that include any necessary warnings and disclaimers. When they fail to fulfill their responsibility to you, and you are harmed by a hazardous or defective product, you should consult with an experienced defective product liability attorney. A defective product might be hazardous and cause you substantial personal damage. We offer free consultations to assist you to determine if defective product liability claims are appropriate for you. We believe that you deserve the best legal representation possible to ensure that you receive full compensation for your losses. Our defective product lawyers will review the circumstances of your injuries to identify all possible sources of compensation. We also handle other personal injury claims, so we are prepared to take on even the most complex cases.
Product liability is a complicated area of law, and it is important to have an experienced attorney on your side.
There are many different types of compensation that may be available in a product liability case.
Depending on the facts of your case, you may be able to recover damages for:
1. Medical expenses
The costs of medical treatment, including hospitalization, surgery, and rehabilitation, can be very high. If you have been injured by a defective product, you may be able to recover these costs from the manufacturer or another party. Our attorneys can help you obtain the medical care you need and fight for reimbursement of your medical expenses.
2. Lost wages
The plaintiff may be able to receive compensation for the wages they lost as a result of the injury. This can include lost earnings from the time of the accident until the present, as well as future lost earnings if the plaintiff is unable to return to work or has to take a lower-paying job because of the injury. It is important to have an experienced lawyer on your side who can help you calculate the full amount of lost wages and fight for the compensation you deserve.
3. Pain and suffering
The plaintiff may be able to recover damages for the physical pain and emotional suffering caused by the injury. This can include both mental anguish suffered in the past and any future pain that is likely to occur.
The value of your pain and suffering damages might be hard to determine, but an experienced product liability attorney can assist you in obtaining the compensation you deserve.
4. Punitive damages
In some cases, the court may award punitive damages to punish the manufacturer or another party for their negligent or reckless behavior. These damages are not intended to compensate the plaintiff, but rather to send a message that such behavior will not be tolerated. The number of punitive damages that may be available in a product liability case will depend on the facts of the case. However, an experienced product liability lawyer can help you obtain the compensation you deserve.
5. Loss of consortium
The spouse of the injured person may also bring a claim for loss of consortium. The spouse may be able to recover damages for the loss of love, companionship, comfort, affection, society, and sexual relations. It is important to note that in some states, the right to bring a loss of consortium claim may be limited to spouses. In other states, any family member may be able to bring this type of claim. Our defective product injury lawyers will review your case and help you determine if you may be eligible to file a loss of consortium claim.
6. Numerous other legally permissible damages
In addition to the damages discussed above, there may be other types of compensation available in a product liability case. These can include property damage, loss of enjoyment of life, and other damages that are specific to your case. An experienced product liability lawyer will be able to advise you on the types of compensation that may be available in your case.
Compensation Available For Product Liability Claims
There are many different types of compensation that may be available in a product liability case.
Depending on the facts of your case, you may be able to recover damages for:
1. Medical expenses
The costs of medical treatment, including hospitalization, surgery, and rehabilitation, can be very high. If you have been injured by a defective product, you may be able to recover these costs from the manufacturer or another party. Our attorneys can help you obtain the medical care you need and fight for reimbursement of your medical expenses.
2. Lost wages
The plaintiff may be able to receive compensation for the wages they lost as a result of the injury. This can include lost earnings from the time of the accident until the present, as well as future lost earnings if the plaintiff is unable to return to work or has to take a lower-paying job because of the injury. It is important to have an experienced lawyer on your side who can help you calculate the full amount of lost wages and fight for the compensation you deserve.
3. Pain and suffering
The plaintiff may be able to recover damages for the physical pain and emotional suffering caused by the injury. This can include both mental anguish suffered in the past and any future pain that is likely to occur.
The value of your pain and suffering damages might be hard to determine, but an experienced product liability attorney can assist you in obtaining the compensation you deserve.
4. Punitive damages
In some cases, the court may award punitive damages to punish the manufacturer or another party for their negligent or reckless behavior. These damages are not intended to compensate the plaintiff, but rather to send a message that such behavior will not be tolerated. The number of punitive damages that may be available in a product liability case will depend on the facts of the case. However, an experienced product liability lawyer can help you obtain the compensation you deserve.
5. Loss of consortium
The spouse of the injured person may also bring a claim for loss of consortium. The spouse may be able to recover damages for the loss of love, companionship, comfort, affection, society, and sexual relations. It is important to note that in some states, the right to bring a loss of consortium claim may be limited to spouses. In other states, any family member may be able to bring this type of claim. Our defective product injury lawyers will review your case and help you determine if you may be eligible to file a loss of consortium claim.
6. Numerous other legally permissible damages
In addition to the damages discussed above, there may be other types of compensation available in a product liability case. These can include property damage, loss of enjoyment of life, and other damages that are specific to your case. An experienced product liability lawyer will be able to advise you on the types of compensation that may be available in your case.
Who Can Be Held Liable for a Defective Product Injury?
There are a number of different parties who may be held liable for a defective product injury.
These can include:
- The manufacturer of the product
- The designer of the product
- The company that assembled the product
- The retailer that sold the product
It is important to note that in some cases, more than one party may be held liable for a defective product injury. An experienced product liability lawyer can help you determine who may be held liable in your case.
The Elements of a Successful Product Liability Claim
The following are the three foundations on which a successful product liability lawsuit is built. Because each has gray areas and potential exceptions, a solid case cannot be made for the plaintiff without them.
1. The Defect In The Product Caused The Injury
This first element is the most important, and also the hardest to prove.
There are three (3) ways in which a plaintiff may attempt to show that the defect caused their injury:
- The product had an inherent design flaw that made it dangerous.
- The manufacturing process led to a defect in the finished product.
- The warnings or instructions that came with the product were not adequate.
If the plaintiff can show that the defect in the product caused their injury, they will have satisfied the first element of their claim.
2. Negligence
The second most common type of product liability claim is negligence. To win a negligence claim, the plaintiff must prove that the manufacturer or seller of the defective product failed to use reasonable care when creating or selling the product. Reasonable care is defined as the amount of caution that a prudent person would use under similar circumstances. The plaintiff must also prove that the defendant’s negligence resulted in the plaintiff’s injuries.
3. Breach Of Warranty
A warranty is a promise that the product will meet certain standards. It might pertain to the item’s functioning, its looks, its durability, or even its safety. The plaintiff in a breach of warranty case must prove that the seller made a promise about the product, that the promise was breached, and that the plaintiff suffered damages as a result.
Let Our Alabama Product Liability Attorneys Help You
If you or someone you know has been injured by a defective product, we can help. Our experienced product liability lawyers will review your case and help you determine the best course of action. We will also answer any questions you have about your legal rights and options. Contact us today for a free consultation!
Contact a qualified Birmingham product defect attorney today at Bodewell Injury Group for help!