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Apr 30, 2018 - Personal Injury by Cross & Smith

In the state of Alabama, as in other jurisdictions throughout the country, plaintiffs who are injured due to a defective product may pursue litigation and recover damages pursuant to product liability principles that have been established through statutory and case law. If you have suffered injuries due to a defective product, then you have the right to sue the manufacturer and recover damages in accordance with Alabama law.  Such claims tend to be complicated and hard-fought by manufacturers seeking to discourage future lawsuits, however.  As such, it’s important that you consult with an experienced Tuscaloosa injury attorney who has the knowledge and background necessary to effectively broker a resolution to your claim. Product defect liability can be a rather complex and intimidating subject for those who are not already familiar with such litigation.  Oftentimes, people assume that product liability claims operate quite similarly to standard negligence-based personal injury claims.  Though there are certainly some similarities, there are significant differences that are worth considering as you explore the product liability space. A proper introduction requires a breakdown of the basic elements that constitute an Alabama product defect claim.  Let’s begin. Foundational Elements Product defect liability in Alabama does not require proof of negligence.  As the injured plaintiff in a product defect case, you need only prove that the defendant-manufacturer (or seller) sold you a product that was actually defective — and therefore unreasonably dangerous to you as the end-user. For example, if you are injured in a motor vehicle accident, and […]