When a product malfunctions due to a defect, the consequences can be devastating. Defective products can cause serious injuries, leaving victims with physical, emotional, and financial burdens. At Long & Long Injury Attorneys, our skilled product liability lawyers are dedicated to helping victims seek compensation for their suffering. We understand the complexities of Alabama product liability law and will fight tirelessly to hold manufacturers accountable for their negligence. You don’t have to navigate this difficult time alone—get the help you need from a defective product lawyer in Mobile, AL.
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Table of Contents
- Common Defective Product Cases We Handle
- Understanding Product Liability Law
- Compensation in Defective Product Cases
- How Can a Defective Product Liability Lawyer Help?
- Why Choose Our Defective Product Liability Attorneys?
- Frequently Asked Questions
- Speak to a Defective Product Liability Lawyer in Mobile Today
Common Defective Product Cases We Handle
Some of the most common types of defective product injury lawsuits we see include:
- Defective Vehicles: Roof crush, faulty airbags, seat belt failures, brake failure, etc.
- Medical & Pharmaceutical Defects: Medical devices (pacemakers, implants, etc.), contaminated drugs, improper medication labeling, etc.
- Consumer Electronics Defects: Battery explosions, electrical shocks, etc.
- Children’s Product Defects: Choking hazards, crib defects, stroller or car seat defects, etc.
- Food and Beverage Contamination: Bacterial contamination, allergen mislabeling, etc.
- Construction and Industrial Equipment Defects: Power tool malfunctions, safety gear failures, etc.
- Smoke Detectors & Alarms: Failing to alert in case of fire or carbon monoxide.
- Talcum Powder Ovarian Cancer: Links between talcum powder use and ovarian cancer.
- Exactech® Optetrak® Claims: Defective knee and ankle implants leading to failure.
- Dangerous Children’s Toys: Toys with small parts or toxic materials causing harm.
- Defective Home Appliances Causing Fire: Appliances that malfunction and start fires.
- Acetaminophen causing autism in children: Potential links between prenatal exposure and autism.
- Camp Lejeune Water: Exposure to contaminated water causing various health issues.
- Ozempic®: Reports of severe gastrointestinal side effects, such as gastroparesis
If you do not see the defective product that caused your injury here, there is still a fair chance that you have a valid case. Any defective product could cause an injury and, therefore, lead to a valid defective product liability case. Contact our defective product attorneys in Mobile today for a free case review, and we’ll help determine if you have a case.
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 in Mobile, Alabama.
Types of Negligence in Defective Product Cases
There are three primary types of product liability claims:
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.
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.
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.
We’ve won MILLIONS of dollars for our INJURED neighbors.
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.
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How Can a Defective Product Liability Lawyer Help?
A defective product liability lawyer can provide essential assistance and guidance to victims seeking compensation for injuries caused by faulty products. Here’s how we can help:
Our defective product liability lawyer will start with a free case review to evaluate the details of your case, understand the circumstances of the injury, and determine the potential for a successful claim. We will analyze the product in question, review your medical records, and assess the extent of your damages to build a strong case.
- Gathering Evidence: Your lawyer will collect all necessary evidence, including product specifications, user manuals, accident reports, medical records, and witness statements.
- Expert Testimony: Your lawyer may work with experts in product design, manufacturing, and safety to provide testimony that supports your claim of a defect and its role in causing your injury.
- Product Testing: In some cases, your lawyer may arrange for independent testing of the product to identify defects and demonstrate how they led to the injury.
- Liability Determination: Your defective product liability lawyer will identify all parties responsible for the defect, including manufacturers, designers, suppliers, and retailers. This ensures that all liable parties are held accountable.
- Negligence and Fault: We will work to establish negligence or fault by demonstrating how the product was defectively designed, manufactured, or marketed, and how this defect directly caused your injury.
- Strategic Planning: Your lawyer will develop a strategic plan tailored to your case, considering all possible legal avenues to maximize your compensation.
- Documentation and Filing: We will handle all necessary legal documentation and ensure your claim is filed correctly and within Alabama’s statute of limitations.
- Insurance Negotiations: Your lawyer will negotiate with insurance companies and opposing parties to seek a fair settlement that fully covers your economic and non-economic damages.
- Settlement Offers: We will present strong arguments, supported by evidence, to secure the highest possible settlement without the need for a prolonged court battle.
- Trial Preparation: If a fair settlement cannot be reached, your lawyer will prepare your case for trial, gathering all necessary documentation and evidence.
- Court Representation: Our defective product liability lawyer will represent you in court, presenting a compelling case to the judge and jury to help secure the compensation you deserve.
- Client Communication: Throughout the process, we will maintain open lines of communication, keeping you informed about the progress of your case and addressing any questions or concerns.
- Post-Settlement Support: Our support extends beyond the legal process, offering guidance on managing your compensation and addressing any ongoing legal or medical issues.
A defective product liability lawyer can significantly increase your chances of obtaining the compensation you need to recover from your injuries and move forward with your life. If you have been injured by a defective product, seeking legal representation is vital to ensure your rights are protected and justice is served.
Why Choose Our Defective Product Liability Attorneys?
Choosing the right attorney for your defective product liability case can make all the difference. Our team of experienced lawyers is dedicated to helping you secure full and fair compensation. Here’s why you should choose us:
- Legal Experience: Our attorneys have extensive experience in handling defective product cases and understand the complexities involved. We stay up-to-date with the latest laws and regulations to ensure your case is handled with the utmost proficiency.
- Personalized Attention: We believe in providing personalized attention to each of our clients. We take the time to understand your unique situation and tailor our approach to meet your specific needs and goals.
- Proven Track Record: Our firm has a proven track record of successfully representing clients in defective product cases. We have recovered significant settlements and verdicts for our clients, and remain fully committed to achieving the best possible outcomes.
- Comprehensive Investigation: We conduct thorough investigations to gather all necessary evidence, including expert testimonies, to build a strong case on your behalf.
- No Upfront Fees: We operate on a contingency fee basis, meaning you don’t pay any upfront fees. We only get paid if we win your case, ensuring that our interests are aligned with yours.
- Compassionate Support: We understand the physical, emotional, and financial toll a defective product injury can take on you and your family. Our compassionate team is here to support you every step of the way, providing guidance and reassurance.
Our Mobile Defective Product Lawyers
Frequently Asked Questions
Proving a product was defective typically involves demonstrating that the product had a design flaw, manufacturing error, or inadequate warnings, and that this defect directly caused your injury.
The statute of limitations for filing a product liability claim varies by state. In Alabama, you typically have 2 years from the date of injury to file a claim.
Seek medical attention immediately, preserve the product and its packaging, document your injuries and circumstances, and contact a product liability attorney as soon as possible.
Yes, you may still be able to file a claim, but your compensation may be reduced based on your level of fault.
The duration of a case can vary widely depending on its complexity, the amount of evidence, and whether it goes to trial. Cases can take several months to several years to resolve.
Manufacturers, distributors, suppliers, and retailers can all be held liable for a defective product that causes injury.
You should hire a defective product liability lawyer as soon as possible after an injury to help ensure you are protected and to help navigate the complex legal process effectively.
Speak to a Defective Product Liability Lawyer in Mobile Today
If you or a loved one have been injured by a defective product, don’t wait to seek legal help. Our defective product liability lawyers in Mobile are here to provide you with the guidance and support you need. We will thoroughly investigate your case, gather the necessary evidence, and fight for the compensation you may deserve. Contact Long & Long Injury Atorneys today to schedule a free consultation and take the first step towards justice and recovery.
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