Holding Manufacturers Accountable When Their Products Cause Injuries
Manufacturers have a responsibility to make safe products. Unfortunately, some consumer products are harmful. Injuries from defective consumer products cause 28,200 deaths a year, and product recalls are often too late to prevent injuries or deaths.
Appliances, playpens, light fixtures, household chemicals, automobiles, and other consumer products are sometimes substandard, and can cause fires or pose mechanical, chemical, and health risks that lead to injury or death.
Since 1999, Simms & Associates have been a trusted resource for serious personal injuries cases. If a defective product hurt you or someone you love, we take an aggressive approach to recover damages for lost wages, medical expenses, and pain and suffering, from our Birmingham office.
Understanding Alabama’s Product Liability Laws
To obtain damages through a product liability lawsuit, injured consumers merely need to prove that a product was defective. It is not necessary to prove a manufacturer was negligent, although negligent can also provide the basis for a lawsuit.
Under the Alabama Extended Manufacturer’s Liability Doctrine, there are three primary classifications of defect:
- Manufacturing defects: Flaws, defects or abnormalities that make a product less safe than if it were created correctly
- Design defects: The design of the product makes an entire line unreasonably dangerous
- Marketing defects: Failure to adequately warn consumers about the dangers a product poses
Alabama’s product liability laws generally protect retailers and distributors from legal action if a defective product harms a consumer. The retailer or distributor is only liable if it was also the manufacturer or assembler of the final product.
There is a strict two-year statute of limitations for product liability cases from the date when the injury, death or property damage was sustained. The one exception to these statute of limitation laws applies to dangerous substances. Under Alabama’s discovery rule, you may have additional time to file a product liability lawsuit. Don’t wait. Call our office as soon as possible.