Fighting for Alabama victims of defective products
Whenever we buy or use consumer products – groceries, medication, vehicles – we trust that manufacturers design and build goods that are safe and healthy to use. Unfortunately, some manufacturers may attempt to cut costs in the process and, as a result, release unsafe products onto the market.
There may be times a manufacturer becomes aware of the problem and takes the correct steps to remedy the issue. Often, however, the company does have knowledge of the defect, or has reason to believe there’s a defect, and takes no steps to correct the problem or recall the product.
If you or a loved one suffered injuries from a defective product, you may be eligible for a product liability claim. The Tuscaloosa attorneys at Mezrano Law Firm can work with you to determine who is responsible for your injuries – the designer, manufacturer or seller of the product. In some cases, it may be all three. We can help you understand your rights. Talk to our lawyers today.
Common types of product defects
Typically, product defects fall into one of three categories. The differences among them may affect the way your case is presented. Your product liability attorney can explain this in more detail, but the legal terminology is our job. This is to give you better understanding about your or your loved one’s accident.
Categories of product defects include:
Manufacturing defects. These types of defects occur during the manufacturing process. They occur because of an error in making it, and the product is different than the other products on the shelf. Examples might be a swing set with a broken chain, a car missing a brake pad or a tainted batch of frozen vegetables.
Design defects. Design defects, on the other hand, occur from an overall defective design. Even if the product is manufactured to the utmost safety standards, the design defect means the product will still be unsafe. Examples might be an SUV that rolls over during turns, or a baby toy that’s a choking hazard.
Failure to warn defects. Failure to warn means a product poses a danger that’s not obvious, but that danger could be mitigated with a public warning. It’s important to note this danger will exist regardless of how safely the product is manufactured or designed. Examples might be not including a warning on how to properly open a pressure cooker, or cough medicine without a warning on possible side effects.
Our Tuscaloosa legal team can answer any questions or concerns you have about your injuries and product liability.
Elements of product liability claims in Tuscaloosa
If a product causes you injury and losses because of defective design or manufacture, or improper labeling or failure to warn, you may be able to seek financial compensation. Typically, people pursue claims based on the following:
Negligence. Negligence means that the manufacturer’s lack of reasonable care in making their product had a direct link to your injuries. This can happen during any phase of the product cycle – design, testing, manufacture, distribution, marketing, wholesaling and retailing.
Strict liability. Under strict liability, you only must prove that a product defect existed and you were injured as a result. It doesn’t matter whether or not the manufacturer knew the product was defective, only that it injured you and you weren’t at fault.
Breach of warranty. Product warranties are guarantees for consumer products, and typically promise a product will perform to a certain standard. Manufacturers and retailers provide implied and express warranties. Your attorney can explain the differences and details between warranties.
Liability for Tuscaloosa defective product claims
When you’re harmed by a defective and dangerous product, you may be unsure as to who’s responsible for compensating you for your losses. Under product liability law, one or more parties from throughout the product distribution chain may be found negligent and accountable:
The manufacturer. First in line in the product cycle, if the manufacturer creates a defective product, they’re likely liable for that product. The majority of defective products are defective from the start, many right from the design or on the factory floor. This is why the biggest share of product liability actions are against the product manufacturer.
The retailer. The store or retailer that sold you the product can also be held liable for your injuries, as they’re part of the product distribution chain. Claims against retailers are a bit different – you don’t have to be the buyer or user of the product, and you can still bring a case even if the product is used.
The wholesaler. Because a wholesaler may be involved in the product distribution chain, they can also be held liable in a product liability claim.
Our decades of experience bring the proper guidance as to which parties may be responsible for your or your loved one’s injuries.
Recovering compensation in your Tuscaloosa product liability case
After any type of accident, medical bills start piling up quickly. And, if you’re unable to work, you can get overwhelmed fast. When your injuries weren’t your fault, the person or parties responsible must be held accountable for your damages and losses.
You may be eligible to collect the following damages in a product liability claim:
Economic damages. These are designed to reimburse you for financial costs related to your injuries – current and future medical bills, property damages, lost wages and diminished earning capacity. These are the most common form of compensation in product liability cases.
Non-economic damages. These types of damages cover the more intangible injuries from an accident, like pain and suffering, disability, disfigurement or loss of enjoyment of life. The extent and specific nature of non-economic damages are unique to everyone.
Punitive damages. Punitive damages are typically awarded when the guilty party has acted particularly recklessly, and the court believes they should be punished. These are designed more to act as a deterrent to the defendant and prevent further careless behavior.
Tuscaloosa product liability attorneys protecting your rights
The product liability lawyers at Mezrano Law Firm have decades of experience representing victims of dangerous products. If you or a loved one suffered injury from a defective product, our legal team can help. We’re dedicated to protecting consumers from unsafe products and working to secure compensation for their injuries. Call us today at 205-206-6300 or fill out our contact form to set up a consultation at our Tuscaloosa office.