Product Liability Cases In Alabama
Product liability is a legal doctrine that aims to hold product developers, manufacturers and sellers liable if a dangerous product makes it to the public. People injured by defective products have the right to seek compensation for what they have been through, but it can sometimes be difficult to determine the nature of the harm you have suffered, and the right person or entity to file suit against.
If you have suffered injury due to a dangerous or defective product, the process for filing suit against those who got that product into the stream of commerce can be difficult and time-consuming. A Birmingham product liability attorney from Goldasich, Vick & Fulk can help to shoulder the legal load while you focus more on healing, both physically and emotionally.
State Law Is Clear
Product liability in Alabama is primarily governed by the Alabama Extended Manufacturers’ Liability Doctrine (AEMLD), though some of these claims can be brought under a theory of ordinary negligence. The AEMLD is designed to establish a clear set of rules under which a plaintiff can recover, as long as certain criteria are met – in general, if the product reached the consumer substantially unaltered, and the defect is directly traceable to the defendant’s actions.
At common law, there are three different types of product defects – a design defect (where a product is created with an inherent flaw), a manufacturing defect (where a limited amount of a product is produced with a flaw), and failure to warn, where a product is produced that is not obviously dangerous, but the public is not warned about the potential danger. Alabama law condenses and codifies these types into one expansive statute.
Evidence Is Key
If you have been injured by a product that you believe was defective, your first step should be to collect evidence establishing the link between your injuries and the product. The law states that an action can be brought for “personal injury, death, or property damage” that occurred due to the “manufacture, construction, design … marketing, packaging, or labeling” of a manufactured product – this is quite a broad set of potential liabilities, but it is crucial to be sure that your situation does in fact fit the law.
In addition, be advised that the Alabama legislature has established a statute of limitations of two years, meaning that if you do not file your claim within two years, you are barred from ever filing it. Memories and evidence both degrade over time, and if enough passes, what was once a strong case may wind up a “he-said, she-said” matter – not optimal for any party involved.
Don’t Worry – We Can Help
Being injured by a defective product can be a frightening experience, and most people need help to proceed toward seeking compensation. Our Birmingham product liability attorneys from Goldasich, Vick & Fulk can provide knowledgeable and compassionate representation during one of the times in life you may need it most. Contact our office today at (205) 731-2566 to schedule a consultation.
Source:
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-521.htm
