Defective Product Liability Lawyer in Mobile, AL

Understanding Product Liability Law

Product liability law is a critical area of personal injury law that holds manufacturers, distributors, suppliers, and retailers accountable for putting defective products into the hands of consumers. If you’re dealing with an injury from a defective product, these are the laws you should know as you prepare to file a claim.

Types of Negligence in Defective Product Cases

There are 3 primary types of product liability claims:

1. Design Defects

Design defects exist when a product is inherently unsafe due to its design, making it dangerous even before it is manufactured. For instance, a vehicle model that has a high tendency to roll over under normal driving conditions would be considered to have a design defect. These claims argue that the product was designed in a way that makes it unreasonably dangerous to use.

2. Manufacturing Defects

Manufacturing defects occur during the construction or production phase of the product. These defects are not intended by the design but happen due to errors or oversights during manufacturing. An example is a batch of medications contaminated during production or a car part that was improperly assembled, leading to malfunctions.

3. Failure to Warn (Marketing Defects)

Marketing defects involve the failure to provide adequate instructions or warnings about the product’s proper use. If a manufacturer does not include sufficient warnings or instructions, users may unknowingly misuse the product, resulting in injury. This could include a lack of information about potential side effects of a drug or failing to warn consumers about the dangers of using a product in a certain way.

Legal Theories in Product Liability Cases

Product liability cases can be based on several legal theories:

• Negligence: This theory focuses on the manufacturer’s failure to exercise reasonable care in the design, manufacturing, or marketing of the product. Claimants must prove that the defendant’s negligence directly caused their injury.
• Strict Liability: Under strict liability, the manufacturer or seller can be held liable for putting a defective product into the market, regardless of whether they were negligent. The claimant only needs to prove that the product was defective and caused injury.
• Breach of Warranty: This involves the failure of a product to meet the terms of any promise or guarantee regarding its safety or performance. This can include express warranties (specific claims made by the manufacturer or seller) and implied warranties (unspoken guarantees that the product is fit for its intended use).

Our defective product lawyers have a deep understanding of product liability law and can help you take the necessary steps to protect yourself and seek justice. Speak to an attorney today.

Compensation in Defective Product Cases

When you suffer an injury from a defective product, you may be entitled to various forms of compensation to help cover the costs and impacts of your injury. 

Economic Damages

Compensation for economic damages is meant to cover the tangible costs related to the accident and injury caused by the defective product. Common examples include:

• Medical Expenses: This includes the cost of emergency care, hospital stays, surgeries, medications, physical therapy, and any future medical treatments required due to the injury.
• Lost Wages: Compensation for income lost due to the inability to work while recovering from the injury. This can also include future lost earnings if the injury results in a long-term or permanent disability that affects your ability to earn a living.
• Property Damage: If the defective product caused damage to your property, such as a vehicle in a car accident, you may be entitled to compensation for repairs or replacement.
• Out-of-Pocket Expenses: Reimbursement for additional expenses incurred as a result of the injury, such as transportation to medical appointments or the cost of hiring help for daily tasks.

Non-Economic Damages

Compensation for non-economic damages is intended to cover the intangible costs related to the accident and injury. These can be more difficult to calculate but are equally important and valid. Common examples include:

• Pain and Suffering: Compensation for the physical pain and emotional distress endured due to the injury. This is often a significant component of a defective product claim, as injuries can lead to prolonged discomfort and trauma.
• Emotional Distress: Psychological impact, such as anxiety, depression, or post-traumatic stress disorder (PTSD), resulting from the injury can also be compensated.
• Loss of Enjoyment of Life: If the injury affects your ability to enjoy day-to-day activities, hobbies, or overall quality of life, you may receive compensation for this loss.
• Disfigurement and Scarring: Compensation for permanent disfigurement or scarring resulting from the injury, which can have lasting physical and psychological effects.

Punitive Damages

In cases where the defendant’s conduct was particularly egregious or reckless, Alabama law may allow for punitive damages. These are designed to punish the wrongdoer and deter similar behavior in the future. Punitive damages are awarded in addition to compensatory damages and require a higher burden of proof.

Defective Product Liability FAQs