There are many products you buy and use daily, and you expect that all of them are safe. There are health and safety standards that manufacturers of products have to adhere to. When driving your car, you believe that it is road safe. You expect the cleaning product your use in your home to be non-toxic and effective. You believe that the food and medication you ingest are safe. However, some products make it to the shelves even though they are not as safe as needed. A small defect in a product can end up making the product dangerous, and injure you or other people.
When the highest standards are not followed when designing and manufacturing products, then they can end up harming you. If you are harmed because of this, then there is a party that can be held responsible and you will get compensated for physical, financial, and psychological injuries. Mike Bell Accident Injury Law has a team of Birmingham product liability lawyers ready to help you. They will help you get the compensation you deserve. Contact our personal injury firm through the online form or giving us a call on 866-6MB-WINS so you can get your free initial consultation.
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The Different Types of Product Defects
A defect in simple terms is something in a product that isn’t the way it is supposed to be. The product has become less safe because of that. Defects are not the same, and this difference is what will matter the most for your case. There are three categories that defects are broken into; design, manufacturing, and warning defects. You don’t have to know the defect that caused the injuries before talking to a defective product attorney. We are the ones to investigate and find out what happened, the defect, and the party that can be held responsible.
The product will be considered to have a design defect it is intended to be manufactured in a way that makes it less safe while still being able to serve its purpose. Maybe the design of the product causes harm to people even if it has been properly manufactured and used how it was intended.
A product is said to have a manufacturing defect when it was not created following the specifications that were intended. When the product is not formed, sourced, or assembled the way it is supposed to, then the mistake can end up being dangerous even if it is used in a foreseeable manner. It can also affect a small batch of the product. The manufacturing defects can affect a large batch, and this can lead to a lot of injuries and massive recalls.
Some products end up being dangerous even though they were designed well, properly manufactured, and used the way it was supposed to. When this is the case, manufacturers need to let the user know that they can avoid problems by using the product in a certain way. If there is no warning, then the user might use the product in a hazardous way. This is also referred to as a failure to warn or marketing defect.
You should talk to an experienced product liability lawyer in Birmingham, AL, at Mike Bell Accident Injury Law to learn more about the types of product defects.
Defective Vehicle Parts
There is a good chance you use some type of vehicle daily, whether it is driving your car or taking the bus. When you use a vehicle, you expect to be safe and take you where you want to go and get back home without any problem. Defective automobiles are common. The vehicles may have defective designs making them dangerous, or a defective part such as the brakes, tires, seatbelts, steering mechanisms, or airbags. If you are hurt from an accident, it could have been caused by a defect, and the best thing to do in such a case is calling our product injury lawyers.
Dangerous Household Products
There are a lot of household products being used every day. These products include those used in homes such as furniture, clothing, window treatments, cleaning substances, and kitchen utensils. When the products are not designed and created to be as safe as possible, then they put a lot of people using them at risk. Only one dangerous product is what it takes to get you or your child seriously hurt. If you or your loved one is injured by a product, then your best option is contacting our product liability lawyers.
Liability for Defective Product Claims
Cases to do with product liability differ from one to another, and it will depend on the type of defect. These cases can be brought on different theories of liability, but the common ones are strict liability and negligence.
This is basically where we claim that the other party failed to behave in the way they were supposed to, even though they had no intention of hurting you. They did an irresponsible thing that a normal person would not be doing, and it led to harm. Before obtaining compensation for injuries based on negligence, you will need to prove that;
- There was a duty of care owed by the party responsible for the defective product
- The party did not uphold the duty of care
- The breach of duty by the party led to the accident that caused you to be hurt
- There is a compensable physical, financial, or psychological injuries you have suffered as a result
When the claim is that the other party is strictly liable, then you are not going to show that they did something wrong. You will need to establish:
- There is a defect in the product and it is making it dangerous
- There was no alteration of that product after buying it
- You were using the defective product when you got injured
- The product was used as intended
- You suffered physical, financial, and/or psychological injuries because of the injuries sustained from using the defective product
What is a Breach of Warranty?
Some claims are separate from strict liability and negligence. These are those brought based on an alleged breach of warranty. A warranty is a promise a party makes to you implicitly or explicitly. You can show that the at-fault party failed in upholding an explicit warranty that was made to you or all the consumers through a written warranty given after buying the product.
Advertisements, written statements, and marketing may come with explicit warranties. You can also establish that the at-fault party did not keep to its promise that was not in writing but was expected from them nonetheless. The two common implied warranties are the implied warranty of fitness and the implied warranty of merchantability. To get the compensation you deserve, you will need to show the breach of the warranty caused the harm.
A lawsuit can be brought basing on one or more theories of liability. Our team of personal injury lawyers in Alabama will get started with the investigation, gather the necessary evidence, and advise you on your best course of action.
Laws Applying to Defective Product Cases
There are many state and federal laws applying to defective product cases, including Consume Product Safety Improvement Act, Uniform Commercial Code, and Alabama Extended Manufacturers’ Liability Doctrine. These are some of the laws on protecting you from defective products. Talking to an experienced product liability lawyer will help you know the laws applying to your case. Mike Bell Accident Injury Law is ready to help you know more about these laws.
Damages You Can Receive From a Product Liability Claim
If your injuries were a result of a defective product, then some of the damages you can pursue are;
- Loss of earning potential
- Medical costs
- Mental anguish
- Physical pain
- Physical impairment
- Property loss or damage
- Loss of quality of life
It is almost impossible to know the claim you deserve without talking with an experienced attorney. Here at the Mike Bell Accident Injury Law, we will offer an objective analysis of the compensation you might be able to get and take into account the specific details of your cases. We will also look at previous cases in the state.
Our Birmingham Product Liability Lawyers are Ready to Help
If you have been injured by a defective product, then you will need to have a team of experienced and aggressive attorney by your side. You might be forced to deal with large companies, and most of them have a large legal team. They may have seen a couple of cases and will be ready to reduce their liability or get rid of it as soon as possible. When you have us by your side, you will not be intimidated because we can handle them. We will make sure your rights have been protected and fight to make sure you end up with the compensation you deserve.
Contact our Birmingham personal injury lawyers through our online form or give us a call at 866-6MB-WINS so you can get a free no-risk consultation to get more information about your rights and legal options.