In the age of gadgets and technology, there is hardly a day that goes by without the need to use a product or appliance. When defective consumer products lead to injuries, you might be left feeling confused about next steps. A Birmingham products liability lawyer can guide you through your legal options for the best possible outcome for you and your case.
At Gathings Law, we have dedicated litigation and products liability attorneys that can help you manage your case. Our team can help you understand your rights, as well as laws that protect you in the event of serious injury caused by a defective product.
What Is a Product Liability Claim?
If a product is defective and its use causes an injury, you can submit a liability claim to recover compensation relating to your injury. You might raise claims against either the manufacturer/company who made it or the retailers or wholesale agents of the product.
According to consumer safety statistics, unsafe products result in the injury of more than 29 million people every year. Products liability cases are a little different from ordinary personal injury cases as they require other criteria and specific product liability laws that pertain to these types of cases.
Working with Birmingham Product Liability Attorneys
A dangerous or defective product may result in serious injury to a person. It can be stressful to deal with and lead to long-lasting injuries. A dedicated law firm can help you understand your rights, and use relevant local and federal laws to support your case.
Legal experts’ extensive experience can offer you a range of legal options that might be available as well as one-on-one advice that relates to your case. Working with a skilled attorney can help ensure that you get the best possible outcome from your case.
How Is a Product Identified as a “Dangerous Product?”
A product is identified as a dangerous product when the defective condition poses a significant risk of unreasonably dangerous injury to the health and safety of consumers. There is, however, a burden of proof that will need to be attached to a product liability case. One must prove it is a manufacturing defect or result of negligence.
Product liability attorneys will help you determine whether you have a case due to defects, manufacturing errors, or design faults. Many products could be considered dangerous in the hands of negligent individuals, which is why it is important to understand relevant local laws that govern hazardous products. Your attorney will help you prove your case to seek compensation successfully.
Types of Product Liability Lawsuits
There are many different kinds of liability cases when involving defective products. The most common types include:
- Vehicles. Vehicular faults, such as engine failures and other manufacturer defects.
- Medications. Dangerous side effects and injuries as a result of using medication.
- Medical Devices or Equipment. These often form part of medical malpractice lawsuits.
- Children’s Toys. These include products that are hazardous to both the physical and emotional health of possible users, especially children.
- Electronics. Products, such as cell phones or home appliances, that are defective and dangerous to human life can result in grievous injuries.
Working with a skilled law firm can help you determine the kind of lawsuit you are eligible to file for. Get in touch with a member of the products liability team at Gathings Law for a free case evaluation or a free consultation to discuss your options.
When Is a Class Action Lawsuit Appropriate?
In the event that a product has injured more than one person and resulted in serious injury, your products liability lawyers might recommend instigating a class action lawsuit where more than one plaintiff will work together to form a claim against a corporation to recover damages and compensation as a direct result of injuries sustained by a faulty product.
Class action lawsuits are serious, and are often levied against manufacturers. These are most commonly instigated against medical drug manufacturers or form part of medical malpractice lawsuits. These cases are critical, as they can help bring negligent manufacturers to justice. Manufacturers have a legal duty to inform users of possible side effects or risks involved with using a product. They also are responsible for issuing recalls when a product is discovered to be faulty. If this has not been done, a consumer may have the legal right to lodge a case against them for any damages that occur as a result of using the product.
Who Can Be Held Liable for a Defective Product Injury?
There could be more than one party at fault in a personal injury case due to a defective product. This is where it becomes complex and difficult to ascertain on your own who is liable for the defective product. A lawyer or law firm that specializes in products liability will be able to offer you advice on filing your claim against the right party. Possible parties include:
- The Manufacturer. This pertains to the person or company that designed and manufactured the product, and may have marketed the product.
- The Wholesaler. Often considered the middle man in the situation that might have sold the product on to individual retailers.
- The Retailer. The end retailer—such as the store that sold the product to the end customer—could be liable in certain situations. They can be held responsible in cases where they knowingly sold a defective or damaged product.
There might be more than one party at fault, so it is vital to assess the entire case and evidence presented to establish actual liability.
What Damages Can Be Recovered in a Product Liability Lawsuit?
There are several types of product damages that you can potentially submit a compensation claim for. These include the following:
- Medical bills and expenses, especially ongoing expenses;
- Property damage;
- Lost wages—both current and future wages can be claimed;
- Permanent disability or disfigurement;
- Pain and suffering as a result of the injury;
- Emotional trauma.
Dealing with an experienced product liability lawyer will help you determine what you can claim for your case.
Gathings Law: Birmingham Product Liability Lawyers
Working with a dedicated legal team can help you achieve the best results possible for your case. Our Birmingham products liability attorneys are skilled and experienced in a range of product liability cases. With 20 years of experience representing clients across Alabama, we can offer you expert representation, advice, and one-on-one guidance about local and federal laws that could impact your case. Get in touch with us today to discuss your needs further.