Category: Dangerous Products/Liability

Dec 31, 2020 - Dangerous Products/Liability by Cross & Smith

Let our Tuscaloosa Injury Attorney Help The winter holiday season is a time of gift-giving, and that also means that product injuries could be on the rise as new customers open up and use their brand new gifts — some of which may be defective. But what happens if you use a product in a way that the manufacturer didn’t intend — can you sue and recover damages from the manufacturer? Maybe. Let’s take a closer look! Strict Product Liability at a Glance In Alabama, a product is defective if it is unreasonably dangerous to the end-user.  If you are injured by your use of a product, then you may be able to sue and recover damages from the product’s manufacturer, so long as the defective nature of the product is what caused your injuries. Alabama law makes it somewhat easier to successfully establish liability, as you need not show that the manufacturer was “negligent” in creating the defective product — you need only show that the product was defective and that it caused an injury. Foreseeable Use So, what happens if you are injured due to your use of a product — but your use of the product was not as “intended”?  That’s an interesting issue that many prospective product defect plaintiffs run into. In Alabama, as in other states, product defect liability can still be imposed on manufacturers if you — the user — has used the product in a way that was unintended by the manufacturer, so […]

Jul 31, 2017 - Dangerous Products/Liability by Cross & Smith

An Orem, UT family started the new year with a frightening event, according to an article from The Washington Post. A nanny cam video illustrated how easily 2-year old twin toddlers can tip over a dresser, in this case, trapping one twin under the heavy furniture. Thanks to heroic efforts by the other twin, his trapped brother escaped without injury. In spite of the happy ending, most people will find this short video to be difficult to watch. Our Tuscaloosa accident attorneys want to help families make sure that their nanny cam videos do not ever reveal this type of accident Consumers are the First Line of Defense Against Tip-Over Accidents The most recent report from the Consumer Products Safety Commission found that over 17,000 children went to emergency rooms due to tip-overs between 2013 and 2015, and more than 400 children died. Perhaps statistics are more accurate than they were years ago, but it seems clear that the materials and design of much of today’s furniture and appliances makes them less sturdy than their older counterparts. There are many ways for consumers to take action to protect themselves and their children from accidental injury, including the following: Read all product instructions before installation: In addition to reviewing how-to information that includes instructions on how to ensure that any product is secure, be sure to read the safety warnings that are generally prominently displayed first on the instruction sheet or pamphlet. Secure anything that potentially poses danger: Even when flat-screen […]

Jul 18, 2014 - Dangerous Products/Liability by Cross & Smith

A large portion of Alabama residents pride themselves on being owners of firearms. Assuming they are not felons and lack a substance abuse or mental health issue, that is their Constitutional right. However, it’s no secret guns can be incredibly dangerous. In some cases, they are manufactured in a way that makes them unreasonably dangerous. Our Birmingham dangerous products lawyers recognize that it’s not enough to prove someone was seriously injured or even killed with a firearm. In a case alleging product liability involving a gun, one must be able to prove that the weapon was unreasonably dangerous when used appropriately. Alabama law requires that products be fit for the ordinary purpose for which such goods are used. However, there have been some cases in which “ordinary purposes” have been shown to mean not only the use intended by the manufacturer or seller, but those uses that are reasonably foreseeable.

Feb 1, 2014 - Dangerous Products/Liability by Cross & Smith

Product liability lawsuits in Tuscaloosa must undergo a rigorous evaluation by a judge before the case can be heard by a jury. The exact elements of what you must prove are going to depend on the particular circumstances of your case. Generally speaking, though, product liability claims contain four basic elements: That you suffered some kind of damage or injury; That the product involved was either defective or lacked proper instructions or warnings; That the defect or lack of warning was the specific cause of your incurred injuries or damages; That at the time of the injury or damage, you were using the product more or less in the manner for which it was advertised and/or intended.

Dec 3, 2013 - Dangerous Products/Liability by Cross & Smith

For anyone who has suffered an injury due to product liability in Alabama, it’s important to understand that state and federal laws are very specific regarding whom you can sue and for what. In the recent case of Alabama Powersport Auction, LLC v. Wiese, the Alabama Supreme Court has affirmed a plaintiff’s right to seek damages for liability from an auctioneer as a merchant-seller for breach of the implied warranty of merchantability, per 7-2-314, Ala. code 1975. Here, a father sued the seller of a go-cart upon which his minor son crashed, suffering severe head injuries that ultimately killed him. The high court’s dismissal of a request from the defendant for a summary judgment of the claim has implications not only for those who purchase goods at in-person auction, but also potentially for those who purchase goods online from retailers on sites like eBay or Craigslist.

Sep 23, 2013 - Amputation by Cross & Smith

Amputation injuries in the U.S. have been on the rise over the past decade, as numerous veterans returning from wars in Iraq and Afghanistan are survivors who have lost limbs in the course of their service. But our Alabama personal injury lawyers know that veterans aren’t the only ones who have been at high risk. Those involved in certain types of motor vehicle accidents (particularly motorcycle wrecks) have had to endure such injury, as have those who have suffered on-the-job injuries – particularly in fields that require the routine use of industrialized, mechanical equipment. For example, recently in Missouri a glass manufacturing firm was cited by inspectors with the U.S. Occupational Safety & Health Administration after an employee suffered a finger amputation while repairing a machine. Investigators would later learn that the incident stemmed from the employer’s failure to shut off power to certain energy sources before the maintenance was initiated. OSHA called the oversight “unacceptable,” and fined the firm $137,000.

Sep 11, 2013 - Birmingham by Cross & Smith

With the Fall season right upon us, we look forward to all the different State Fairs coming to town. Along with all the great food and prizes to be won, we also need to be reminded of the potential dangers of the amusement rides. Just this past weekend at a fair in Connecticut, 18 people including 12 children were injured after one of the amusement rides malfunctioned. The incident is currently under investigation as to the cause of the malfunction and the police are looking into whether the owner of the ride has been cited for any prior safety violations. Owners and operators of state fairs and/or amusement parks have a legal responsibility to ensure the safety of the riders and the visitors to their park. That includes ensuring the property and their attractions are properly maintained and kept in a reasonably safe condition. Although each incident may have different circumstances, legal responsibility for injuries incurred by the riders could rest on the amusement park owner, the ride designer or manufacturer, the ride operator and/or a ride owner. Among the potential claims made against these types of defendants are including, but not limited to, wrongful death, negligence, premise liability and/or defective product claims all of which our attorneys at Cross and Smith, LLC handle.

May 28, 2013 - Dangerous Products/Liability by Cross & Smith

Reports of defective strollers in Alabama and throughout the country, resulting in hundreds of injuries and, sadly, several deaths, have prompted the U.S. Consumer Product Safety Commission to approve the first step in the implementation of federal safety standards for the devices. Our Birmingham defective products attorneys understand that the CPSC voted unanimously to issue a notice of rulemaking on the issue, which kick-starts the process of establishing a set of uniform safety guidelines for the devices. The only surprise with this is that it took as long as it did, given the high number of injury reports and the fact that it affected infants and young children.

Mar 7, 2013 - Dangerous Products/Liability by Cross & Smith

Dozens of NASCAR fans were injured late last month when hunks of metal, a huge tire and other debris were hurled into the crowd at a Nascar Nationwide Series Race at the Daytona International Raceway as the cars were finishing their final lap. Our Tuscaloosa personal injury lawyers understand that six people were rushed to a nearby hospital with serious trauma, while others were treated on the scene. Organizers praised the quick response of emergency crews on hand, but now several of those fans who were hurt are exploring their legal options for potential personal injury and/or premise liability claims. One Florida law firm representing three of those individuals said the premise liability case would focus on the safety fence that lines the track of the speedway. Lawyers there say they will be focusing on the issue of gross negligence, which is that even when people possess liability waivers on their tickets, they don’t necessarily assume that a tire is going to fly into the stands and cause them severe injury. After all, the track is surrounded by a fence separating it from the stands.

Jan 22, 2013 - Birmingham by Cross & Smith

Last year, more than 650 vehicle and vehicle product recalls were issued, according to the National Highway Traffic Safety Administration.  Our Birmingham personal injury attorneys understand that of the total 664 recalls, 586 were for the entire vehicle, 56 were for the vehicle equipment, 4 were for child safety seats and 18 were tire recalls. Overall, this is a slight increase from the number of recalls we had in the previous year (654), though the number has fluctuated greatly in the last 10 years, with as many as 781 (in 2008) and as few as 506 (in 2002).