Birmingham Product Liability Attorney
We expect that the products we use every day are safe for use and consumption. However, that is not always the case. Sometimes defects happen during the manufacturing process. If the manufacturer allows the product to continue to be sold despite the defects, consumers can be negatively impacted. They can become seriously ill or injured. If you are a victim, contact a Birmingham product liability attorney who can help you understand your legal rights.
Can I File a Lawsuit?
If you were injured by a defective product, you may be able to file a lawsuit if one of the following elements is involved:
- Manufacturing defect. This occurs during the assembly process and is typically only found in certain manufactured lots. Under strict liability, a manufacturer is liable for manufacturing defects, even if they took precautions during the process. The plaintiff needs to prove that the defect was present at the time the product left the factory.
- Design defect. This is a flaw in the product’s design that makes it dangerous. The defect is typically found in all of the same product. If the product was dangerous prior to production, it could be anticipated to be dangerous, and the manufacturer could have created a better design without altering the product’s intended use, then there may be a design defect claim.
- Failure to warn. Failure to warn claims are common with medications, when there needs to be mention of the drug’s adverse side effects. The manufacturer could be held liable if they did not warn consumers about serious health issues they could experience by using the medication.
Common Defective Products
So what types of products can be considered defective? Basically anything you buy and use as intended that causes you injury. Here are some examples:
- Cars. Cars are made of thousands of parts, and it’s not uncommon for one or more parts to suffer a defect. The brakes, tires, ignition switch, emissions system, or airbags can stop working, causing injury accidents.
- Medications and medical devices. While medications and medical devices are supposed to improve a patient’s health, sometimes they have the opposite effect. Some drugs cause serious heart conditions and organ failure. There have been reports of medical devices failing, puncturing organs or requiring additional medical treatment.
- Household appliances. Air conditioners, heaters, toasters, and coffee pots can cause electrocution and fires. They can also malfunction during use and cause broken bones, lacerations, and other injuries.
- Children’s products. Products used by children, such as car seats, bedding, and toys, have been known to be defective, causing injuries.
- Food. Food can become contaminated during the manufacturing process, causing food poisoning and even death.
Contact a Birmingham Product Liability Lawyer Today
Defective products can cause serious injuries, from food poisoning to lacerations to broken bones to amputations. In some cases, they can even lead to death.
If you or a loved one was injured or killed due to a defective product, seek legal help from the Birmingham personal injury lawyers at Goldasich, Vick & Fulk. These cases can be complex, as determining liability can be difficult. Call (205) 731-2566 to see how we can help.