HIRE AN EXPERIENCED ALABAMA PRODUCT LIABILITY ATTORNEY
If you have been injured or suffered other damages because of a product you used, you may have a defective product liability claim. It is always best to consult with an attorney to see if you have a valid claim. Below is some general information regarding product liability law in Alabama.
Alabama products liability law requires that you prove all of the following things (these are called the "elements" in your claim.) in order to win:
- You were injured or suffered losses.
- The product is defective.
- The defect caused your injury.
- You were using the product as it was intended.
The Product Is Defective
You must prove that the product that injured you is defective. Here are some types of product liability defects.
In this situation, the product was designed correctly, but was manufactured or put together incorrectly or not as per the design.
In this situation the product was manufactured correctly, but the design of the product is flawed. You will have to demonstrate that the danger created by its design was unreasonable considering the state of technology at the time of design. Was there a safer design available. These are often seen with regard to safety guards and shut off switches.
Failure to Warn: Were You Not Warned of a Hazard?
You will likely be more successful at showing that the injury-causing product's design is defective if you can demonstrate that the dangerous quality of the product is not obvious to the ordinary consumer. In such cases, liability may hinge on whether the warnings and instructions provided by the manufacturer or supplier were reasonably sufficient.
The Defect Caused Your Injury
It is not enough to argue that you were injured while using the defective product. You must demonstrate specifically that your injury was caused by the defect itself.
You Were Using the Product as It Was Intended
You must have been using the product in a way that the manufacturer intended consumers to use it.
This does not mean, however, that the way you were using the product when you were injured must conform exactly to the manufacturer's specifications. If a manufacturer could reasonably expect an ordinary consumer to use the product in the way you used it, you have likely met this requirement.
If you have suffered an injury with a product, give us a call and we will review your claim at no charge. Call Alabama product liability lawyer Henry C. Dailey at (205) 995-2412 for you free consultation.