Mobile Product Liability Attorneys
Alabama’s choice in product liability lawyers
People can sustain injuries when their vehicle’s airbag explodes in their face, when they take a prescription medication with dangerous side effects, when they use a machine that lacks safety guards and other circumstances that occur every day throughout the country.
At Mezrano Law Firm, our Mobile product liability lawyers are here to protect the rights of our clients to recover compensation for their injuries and losses. You are welcome to schedule a free consultation to discuss your case.
What is product liability?
When manufacturers create and build products for consumer use, they owe a duty of care to the end user to make a product that will be safe, and that will work according to how it is supposed to work. People are injured every day from using defective products. Product liability is an aspect of personal injury law which deals with how those who have been injured from using a defective product can hold the product’s manufacturer, distributor, retailer and any other entity in the chain of commerce liable for their injuries.
What are the different types of product liability claims?
The three different types of product defects for product liability claims include:
- Design defects, which are a flaw in the product’s concept that makes the product dangerous to use because of it.
- Manufacturing defects occur during the process of the product being made. It could be caused by defective raw materials, and only certain batches of the product might have the defect.
- Marketing defects pertain to defects in labeling, instructions for use and safety warnings about the inherent dangers of using the product.
In an injury case, the plaintiff has the burden of proof. This means that the plaintiff must prove that the product was defective, and that the defect was the direct cause of their injury.
Examples of defective products that have caused injury or death
The following are just a few examples of the types of defective products that have caused serious injuries or death. Some of the people who have been injured by these products filed lawsuits against the manufacturers and won settlements or jury verdicts for their injuries:
Defective automotive products
- Takata airbags
- Defective seat belts and seat back failures
- Defective Tires
- Ignition malfunction
- Sticky accelerator
- SUV rollovers
- Defective child safety seats
Dangerous children’s toys and furniture
Defective tools and equipment
Defective home appliances
- Exploding washing machines
- Faulty smoke alarms
- Water heater explosions
- Defective fire extinguishers
Defective medical devices
- Artificial hip implants
- IVC filters
- Defective implanted defibrillators
- Hernia mesh
- Power morcellators
- 3M Combat Arms earplugs
What is a plaintiff required to prove in a product liability injury case?
Depending on the product and the nature of the defect, there are different categories of product liability including:
Strict liability, which says that the product was defective, the defective product injured the plaintiff, so the manufacturer must pay damages to the plaintiff for their injuries.
Negligence cases focus more on what the manufacturer did (or failed to do). The plaintiff is required to prove:
- The defendant owed them a duty of care
- They breached that duty
- The breach of duty was the direct cause of the plaintiff’s injury
- The plaintiff incurred damages as a result of the injury
Breach of warranty is a category of product liability that is based on the contract between the defendant and the plaintiff. The two aspects of breach of warranty include:
- A breach of the implied warranty of merchantability, which guaranteed that the product was free of design, manufacturing or labeling defects.
- Breach of warranty, which is a guarantee that a product will perform in a particular way.
How can a defective product lawyer help my case?
Product liability injury cases can be complicated to prove. Depending on the type of product that caused your injury, there may be a class action, a mass tort, or a multi-district lawsuit. You might join a class action, which is many plaintiffs with the same complaint against the same defendant. If the case is successful, the plaintiff class divides the proceeds equally after attorney fees and expenses are deducted.
A mass tort involves a group of individual plaintiffs, often from the same geographic area and a smaller number than for a class action. Instead of all having the same complaint as with a class action, with a mass tort, each plaintiff might have slightly different injuries as happens with defective drugs or medical devices. The Agent Orange exposure cases in the 1970’s and the silicone breast implant injury cases in the 1980’s were mass tort cases.
A multidistrict lawsuit (MDL) often occurs when a large number of individual lawsuits are filed against the same manufacturer, often in defective drug or medical device cases, and the court consolidates the cases into a MDL to economize and more efficiently process the pre-trial and discovery stages of the cases, after which they are returned to their original court for trial. Each case wins or loses on its own merits and the plaintiff keeps whatever the jury awards them less attorney fees and court costs.
A Mobile product liability lawyer knows how to navigate the complexities of the civil justice system for you. You will fare much better in your pursuit of justice when you have the benefit of a Mobile products liability lawyer by your side. We are here to investigate your case, work with a medical expert when necessary to interpret your medical records and gather the evidence required to draw a line of causation between the defective product and your injury.
A defective product lawyer will advocate for you. We negotiate with the insurance companies to come to a fair settlement of your case, but at the same time we are always prepared to take your case to trial should that be required to get the compensation you deserve.
How much might I expect to recover from my product liability case?
When a person becomes injured because of a defective product, and they discover that they might have grounds for legal action, they may have unrealistic ideas about how much compensation they may be able to recover. There is no way to know at the beginning of an injury claim case how much it might settle for, or how much a jury’s verdict might be.
Once your injury has healed and you can see how it will have an impact on your lifestyle and your ability to work, once you know the amount of your medical expenses and how much time you lost at work, we will have a better idea about the value of your case.
If your case is successful, the following are the different types of compensation you might recover:
- Medical expenses past current and future related to the accident injury
- Lost wages and benefits from the time you missed at work resting and recuperating from your injuries
- Disability for injuries that inhibit your ability to work either at your old job, or any kind of work
- Pain and suffering from the accident injury
- Emotional distress from the trauma of the accident
- Loss of consortium for the spouse
- Other losses related to the injury
We strive to inspire confidence in our clients that we are committed to fighting for the maximum compensation available.
If you or someone you care about has suffered a serious injury because of a defective product, you are welcome to schedule a free consultation to discuss your case with a Mobile product liability lawyer today.
Mezrano Law Firm is helping the injured get back to their lives throughout Alabama
At Mezrano Law Firm, our Mobile product liability lawyers have more than 40 years of combined experience fighting for the rights of their clients to revoke compensation after they were injured by a defective product. We serve clients throughout Alabama. Please call 205-407-1768 or fill out our contact form to schedule a free consultation with a product liability lawyer today.
If you have a case, you have a lawyer. Call us today to learn more about how we can help you.