We rely on products in all aspects of our lives, and we expect the products we buy and use to be reasonably safe. Unfortunately, this is not always the case, and adults and children in Alabama often suffer severe injuries due to dangerous products. As Alabama product liability lawyers, this is a fact we know all too well, and it is a fact that we are working to change through aggressive and hard-fought settlements and litigation.
In serious and fatal injury cases involving dangerous products, there are three primary ways in which our attorneys can seek to recover just compensation. The first is through a defective product claim. If a product is defective, Alabama law hold’s its manufacturer “strictly” liable, which means that the manufacturer is liable even if it was not negligent in producing a defective product. Under Alabama’s Extended Manufacturer’s Liability Doctrine (AEMLD), distributors, retailers and other commercial parties can be held strictly liable as well.
The second option is to file a warranty claim. All products sold in Alabama have warranties (at least initially), and companies can be held liable when their products do not comply with their product warranties. This includes warranties that are implied by law in addition to “express” warranties that are included as terms of sale.
The third option is to file a negligence claim against the manufacturer, a retailer, or any other business or individual that was negligent in causing the product-related accident. For example, even if a product does not qualify as “defective,” it could still be dangerous due to some form of negligence during the design, engineering or manufacturing process. Likewise, if the product was dangerous because someone else was using it in an unsafe or irresponsible manner, then you could have a negligence-based claim for damages.
In cases involving serious but nonfatal injuries, accident victims (including parents of children who are injured) can recover just compensation for all of their injury-related losses. Generally speaking, this includes current and future:
If you have lost a loved one due to a dangerous product, our Alabama product liability attorneys can help you pursue a claim for wrongful death. Alabama’s wrongful death statute is unique – allowing for the recovery of punitive damages only – and our attorneys have the local experience required to secure the damages your family deserves.
Would you like more information about filing a claim for a dangerous product accident in Alabama? If so, we encourage you to get in touch. To speak with one of our Tuscaloosa or Birmingham product liability law firm in confidence, call 877-791-0618 or request a free initial consultation online now.
"I was injured in an accident and I chose Justin Smith to handle my case. I worked with every staff member there by the end of the ordeal and was treated like family but also with true professionalism. They worked diligently on my case and never faltered or backed down regardless of the obstacles. I am so happy with the outcome and highly, highly recommend Cross & Smith, LLC to anyone that needs someone they can trust."
Posted By: Shane Weaver