Birmingham Product Liability Lawyers
Helping victims of defective products throughout Alabama
As consumers, we expect that the products we purchase will be safe to use, and will function in the way they claim they will. When a defective product leads to injury, you can make a claim for compensation, sometimes from multiple parties. The Birmingham products liability attorneys of Mezrano Law Firm handle complex claims on behalf of clients throughout Alabama. Call us today to learn more.
Understanding product liability law
Most people have bought or used a defective product at some point in their lives. Usually, you simply take it back to the store and return it for one that works. However, when a product defect causes you a serious injury, there is more at stake than simply getting your money back.
Under Alabama law, you can file a product liability lawsuit for “personal injury, death, or property damage” caused by any of the following:
- Defects in the design
- Defects in the manufacturing
- Defects in the assembly
- Failure to warn about potential problems
- Negligent misrepresentation
- Breach of warranty, stated or implied
Product liability claims have a shorter statute of limitations – one year – than other types of personal injury claims, but they have a longer statute of repose: 10 years. That is because sometimes, a defective product may take years to make you sick, or to lead to a compensable injury. After 10 years, however, you are barred from making a claim.
Dangerous and deadly product claims in Birmingham
Mezrano Law Firm handles all manner of defective product claims, no matter the size and scope of your injuries. Some of the more common claims we handle involve:
- Defective car parts
- Dangerous children’s toys
- Defective medical devices
- Faulty surgical tools
- Dangerous drugs
- Faulty appliances
- Malfunctioning power tools
- Defective lawnmowers
- Toxic chemicals
Mass torts, class actions, and defective products
Some defective products have been manufactured on a vast scale, and distributed to thousands of people across the country. When this happens – when thousands of people sustain similar types of injuries related to a product – the litigation surrounding it is called a mass tort. (A “tort” is an infringement upon a civil right.) Many times, people from across the country will band together in a claim against the company. This is called a class action: the injured people are the “class,” and the lawsuit is the “action.”
But you don’t have to join a class action, even if the product that hurt you is part of a mass tort. You can still file an individual lawsuit, and depending on your specific circumstances, this may even be the better option for you. Some of the dangerous and defective products that have led to both both individual and class action lawsuits include:
- 3M combat earplugs
- Hernia mesh made by multiple pharmaceutical companies
- Stryker and DePuy cobalt hips and knees
- Valsartan for high blood pressure
- Takata’s exploding airbags
- Goodyear’s tires
- GM’s defective gear shifters
- Bair Hugger’s surgical warming blankets
- Baby powder and Shower-to-Shower talc-based hygiene powder
- Surgical staplers
A Birmingham defective product lawyer from Mezrano Law Firm can help you decide which option is best for you, if you have been injured.
How much is my products liability claim worth?
An initial consultation won’t be sufficient to tell you how much money your case is worth, because we will need to know the full extent of your injuries. In some cases, that might not be known when you first come to us. To determine the compensation you deserve, we will look at:
- The cost of your medical bills, both current and expected
- Your lost wages, both current and expected
- The amount of property damage you have sustained
- The costs of modifying your home or vehicle
These are economic damages, and one half of the compensatory damages to which you might be entitled.
The other half are non-economic damages: pain and suffering, emotional trauma, loss of companionship, and so forth. These are more subjective, and are generally higher depending on the severity of your injury, and the loss of quality of life you have suffered.
Finally, you could be entitled to punitive damages. Punitive damages are designed to punish a wrongdoer, so that he or she never commits that act of egregious neglect or reckless behavior again. Alabama caps these damages at 3x the amount of the compensatory damages OR $1.5 million, whichever is less.
If your loved one dies because of a defective product, your lawsuit automatically becomes a wrongful death lawsuit. In Alabama, only punitive damages can be awarded in wrongful death suits.
Did a defective product cause you harm? Our Birmingham injury lawyers are here for you
When a dangerous product causes harm, the responsible parties should be held accountable for that harm. At Mezrano Law Firm, we represent injury clients throughout Alabama who have sustained losses because of harmful products. Please call our Birmingham products liability attorneys at 205-206-6300, or fill out our contact form to set up a consultation.
If you have a case, you have a lawyer. Call us today to learn more.