Product designers, manufacturers, and distributors are required by law to make sure that what they make and release to the public doesn't pose an unreasonable risk of injury or health issues to the customers. In case you have sustained injuries or were hurt after using a product that you later discovered was defective, you might be eligible to sue the manufacturer and file for a product liability claim.
Mike Bell Accident & Injury Lawyers consists of a professional team of Tuscaloosa product liability lawyers who specialize in personal injury law and can help you seek justice. They have ideally dealt with many such claims and can make sure that you are duly compensated. Keep in mind that you can take legal action when we help you find fault in the entity responsible for your injuries and sue them for negligence. Of course, taking such a bold step will not only ensure that you get ample compensation for your injuries but also help the public stay informed on how to keep safe and the actions to take.
Contact our Tuscaloosa injury law firm today at 205-666-6000 and schedule your free, non-obligatory initial consultation.
Do I Have A Valid Product Liability Claim In Alabama?
A product can potentially injure the user in a myriad of ways. However, it doesn't necessarily mean that the product was faulty. Defects can stem from an oversight on the part of the product designer or manufacturer, or it can be caused by the negligence of the distributor or the retailer. No matter the circumstances surrounding the cause of injury, most product liability claims entail the following:
- Design Defect: The design of the product can make it unreasonably hazardous to the end-user or consumer
- Manufacturing Defect: An oversight or error can happen during the manufacturing process, which makes the product dangerous to use
- Failure to Warn: Occurs when the manufacturer unknowingly or knowingly doesn't include any information to warn the user of the potential of risk involved with using the product
- Marketing misrepresentation: The seller or distributor might fail to provide enough instructions or warnings related to safety practices when using the product, or they distort information on how the product should be used
Our lawyer's experience with these types of cases allows them to review your case and help determine its viability. Then, they will start to collect the needed evidence, which will be crucial in supporting your claims.
How Will I Prove A Product Was Faulty?
To file a personal injury claim in Tuscaloosa, AL, successfully, especially one that involves defective products, you need a few different kinds of evidence. The injured party has to prove that the illness or injury was caused by the use of the faulty product in question. This should be demonstrated by things like medical records, photos, and other things.
We will work our best to collect evidence the demonstrates the product in question was defective. This is why we recommend you keep the product safe and preserve it as evidence. The team we'll assign to your case will conduct a thorough investigation into the matter and establish whether the defectiveness was caused by a manufacturing error, design oversight, or any other reason. In case you used the product as intended and you still got injured, then the lawyer at Mike Bell Accident & Injury Lawyers can build a strong case on your behalf and pursue the maximum compensation possible.
What Is The Statute Of Limitations For Filing The Claim In Alabama?
This allows for a given time limit within which a person can file an injury claim or lawsuit. Failing to take action within this time period means that the person will no longer be allowed to take any legal actions against the party at fault. Ideally, the time limit clock formally starts as soon as the damage or injuries happen, and in certain cases, as soon as the victim becomes aware of the injuries. The Alabama statute of limitations for product liability cases is not so different from many other states. You have two years from the time of the injury to file a claim or lawsuit.
For this reason, we recommend consulting with an experienced and reputable lawyer as soon as you can. This way, you avoid forfeiting your rights to seeking compensation. Trying to file a lawsuit after the end of the given statute of limitations will likely result in the Tuscaloosa court system denying your case.
What Are Products That Commonly Cause Product Liability Claims?
Over the years we've been providing legal help during, some of the most common kinds of defective products we have experienced with our clients include the following:
IVC Filters
These are unique implants that are usually inserted in the primary blood vessels in the body called the inferior vena cava. These filters are designed to help prevent blood clots from entering the lungs or other major organs and thereby helps to prevent complications like deep vein thrombosis and pulmonary embolisms.
Although IVC can be a useful solution, the filters have been found to lead to complications in many patients. Once implanted in the body, retrieving the filters is not easy – they can break apart at times, and surgeons typically have a hard time finding them before they travel to various body parts via the blood. We have handled many cases where patients lost their lives because of a fractured IVC filter.
Talcum Powder
Often referred to as “baby powder”, talcum powder is usually made from naturally occurring minerals. However, it has increasingly been linked to ovarian cancer. A product of the Johnson & Johnson company, talcum is designed to absorb moisture and prevent the drying of the skin. Nonetheless, the product and the manufacturers have faced a number of claims and lawsuits.
Of a large number of claims, we've handled or seen filed, many stem from the belief that talcum powder leads to cancer, especially in women, when the product touched their reproductive organs or genitalia. It's also believed the talcum can cause lung cancer if inhaled. While the manufacturers have continually emphasized that the product is safe, the International Association for Research of Cancer (IARC) considers the product to be potentially carcinogenic.
Metal-On-Metal Hip Implants
These implants have come under fire over the last few years. While they're designed to be suitable replacements for broken or dislocated hips, they have been found to grind on each other and release metallic particles inside the body. Currently, this problem has no effective solution. The metal-on-metal implants have been linked to some health complications including thyroid problems and heart attacks.
Hernia Mesh
While these are a standard option in almost 90% of the total hernia repair procedures in the U.S., hernia meshes are a major health risk. The purpose of the net or mesh is to strengthen the muscle tissue over a hernia. Nonetheless, they can move, become stiff, and even attach themselves to other organs, more notably the intestines, which leads to complications such as inflammation, bowel obstruction, foreign body reactions, chronic pain, etc. Although the FDA is yet to recall much of the hernia mesh models, the kind of risk they pose to patients is more significant in comparison to their medical benefits.
Transvaginal Mesh
This mesh is usually made from an absorbable biological material or non-absorbable synthetic materials. The mesh is implanted into the vagina via a surgical incision, usually to repair or strengthen weak vagina tissue that could be a problem attributed to Stress Urinary Incontinence (SUI) or Pelvic Organ Prolapse (POP). Transvaginal mesh implants have been found to trigger certain health complications.
In some of the cases we've seen about transvaginal meshes, most injuries are linked with the manufacturer or medical negligence. While you might not have experienced the issues mentioned here, it doesn't mean that your case isn't worth pursuing. Contact us today and schedule your free initial consultation. Let's help you know more about your options and how to protect your rights.
Zantac
This is one of the most popular and used heartburn medication. However, the drug and its generic equivalents have been taken off the shelves around the country over the last few years following the discovery by the FDA (Food and Drug Administration) that it exhibits cancer-causing properties. The contaminants have been termed the reason many customers developed cancers such as colon cancer, kidney cancer, stomach cancer, and liver cancer.
Round-Up
Based on the information brought forward by the Monsanto Roundup Lawsuits, the manufacturer is accused of failing to warn the public about the risk of developing cancers such as the Non-Hodgkin Lymphoma and others. Our firm has represented different clients that have had substantial exposure to roundup and were diagnosed with B-Cell or T-Cell non-Hodgkin's lymphoma and its subtypes such as hairy cell leukemia, mantle cell lymphoma, follicular lymphoma, chronic lymphocytic leukemia, and diffuse large B-Cell lymphoma.
Most of the people who use roundup are at a greater risk of developing cancer. These people include farmworkers, garden center employees, landscapers, and people in workplaces that expose them to herbicides. They can develop health complications because of breathing in glyphosate while spraying, mixing, or cleaning using the product. People can also ingest contaminants through food or drinking water.
Call Our Tuscaloosa Product Liability Lawyers To Review Your Claim
In case you or a loved one sustained health complications or injuries after using a product, be sure to contact our Alabama product liability attorneys in Tuscaloosa today. At Mike Bell Accident & Injury Lawyers, our top-tier legal experts are always willing to help clients seek justice.
Our team of highly accomplished and experienced lawyers will review your case and collect the necessary evidence to build a strong case on your behalf. We'll pursue the maximum compensation possible for all your incurred damages, expenses, and lost earnings from the use of a faulty product.
Contact our Tuscaloosa injury law firm today at 205-666-6000 and schedule your non-obligatory case evaluation.
