Do I Have An Alabama Product Liability Claim?
When a product injures a person, many of the questions asked tend to revolve around whether the product was safe to begin with. While consumers have a duty to not misuse a product or take unnecessary risks with it, a manufacturer does have the duty to produce items which are neither defective nor dangerous (or, if they are naturally dangerous, to properly warn consumers of the risk). If a manufacturer has failed in their obligations to the general public, an injured user may have a claim under a theory of product liability.
If you live in Alabama, and have been injured by a defective or inherently dangerous product, our Birmingham product liability attorneys at Goldasich, Vick & Fulk can help determine whether or not you have a claim against the manufacturer or another actor in that product’s supply chain. If another actor’s negligence caused you harm, you deserve to be compensated. Our attorneys can help.
Three Theories
There are three valid theories under which a person can mount a product liability claim in Alabama. They are:
- Design defect. This occurs when a product is unsound from the beginning of its lifespan, as designed;
- Manufacturing defect. This happens when a product is designed safely, but is rendered unsafe or dangerous by a problem occurring during manufacturing; and
- Failure to warn. This is an action that can happen when a product is inherently dangerous by its very nature, but the manufacturer does not properly warn potential consumers of its risks. A series of lawsuits in the 1950s against cigarette companies were based on this theory of law.
Alabama also has a law called the Alabama Extended Manufacturer’s Liability Doctrine (AEMLD), which establishes a stricter framework under which liability can be established against a manufacturer. More specifically, an injured plaintiff must be able to show that the product was “substantially unaltered,” in addition to the presence of any of the theories of product liability being established.
Act Quickly
It is important to keep in mind that in some cases, it may be possible to bring a distributor or maintainer of a product into a liability lawsuit, but in most cases, it will be the manufacturer that is on the proverbial hook if the product is unaltered. In general, it is the responsibility of the manufacturer to ensure that a product is safe – or, if it is not, to adequately warn of the risks one might take in using it. An alteration by a distributor, for example, effectively insulates the manufacturer from liability to at least some degree.
Another crucial factor to remember in deciding whether or not to file suit under a theory of product liability is that the time in which one can do so will pass very quickly; Alabama law only permits an injured plaintiff one year in which to file a product liability action (though there are certain exceptions to this). A plaintiff may debate whether or not to file suit to recover damages for their injuries, but if they debate too long, their chance will disappear.
You Are Not Alone – Our Attorneys Can Help
If you have been injured due to a defective and/or dangerous product, it can feel too overwhelming to contemplate seeking compensation. A Birmingham product liability attorney from Goldasich, Vick & Fulk can help answer any questions you may have about the situation, and help you to decide what the best path forward is for you and your family. Contact our office today at (205) 731-2566 to schedule a consultation.
Source:
casetext.com/case/rose-v-miller-co-inc
