As a consumer, when you purchase a product, you expect it to be safe to use. Yet, while companies and manufacturers have an obligation to manufacture and design safe products and include appropriate warnings and disclaimers, this does not always happen. And sadly, every year, countless people are injured because of a defective or dangerous product.
That is why if you have been harmed due to a defective product in Birmingham, you should speak with an experienced Birmingham accident attorney as soon as possible. Our Birmingham defective product lawyers are here and ready to take on this fight on your behalf, help you get through this challenging ordeal, and pursue the damages and justice you deserve.
Different Types of Product Liability Lawsuits
There are typically three different types of lawsuits that an individual can pursue when it comes to a product liability claim. They include the following:
Negligence
If an individual was harmed by a defective product, to obtain compensation for the injuries they sustained, they must establish that the carelessness in the design or manufacturing of the product led to their injuries. However, to demonstrate this negligence, the injured party needs to show the wrongful party had a duty to sell a safe good or product, the wrongful party breached this duty, and this breach led to their injuries.
Although there are many ways that negligence can occur in product development, some of the more common examples include:
- Releasing a good to consumers before completing the appropriate checks
- Failing to review product plans
- Failing to test the product properly
- Failing to maintain machines responsible for creating a product’s components
- Failing to see all the plausible uses of the product
Strict Liability
If a product liability claim is pursued under the legal theory of strict liability, the injured party will only need to show that a defect in a product existed and that they sustained an injury because of it. If this defect exists, the manufacturer can be held strictly liable for any damages that result, regardless of whether they were negligent when manufacturing the product.
However, it is important to add that for this theory to apply, the product must have been purchased in the chain of distribution. Therefore, if an individual was harmed by a product purchased second-hand, they are not eligible to pursue a strict liability claim.
Breach of Warranty
There are generally two warranties that buyers rely on when purchasing a good or a product. They include express and implied warranties.
- Express Warranty: This warranty refers to any representation of the product and its safety made by the manufacturer and the retailer.
- Implied Warranty: An implied warranty refers to a promise by the manufacturer that the product will not cause any harm if it is used as intended.
For a free legal consultation with a Defective Products lawyer serving Birmingham, call (205) 380-4158
Bringing a Successful Product Liability Case in Birmingham
If an injured individual is bringing a product liability lawsuit based on negligence, they will typically be required to prove the following elements:
- The injured individual must show that they suffered monetary losses or an actual injury that occurred because they used a defective product.
- The injured individual must prove that the product either had a manufacturing or design defect or the company had failed to warn consumers of the risks of using the product.
- The product’s defect must have caused the injuries sustained by the individual and must have also been the proximate cause of the injury.
- The injured individual must have used the product in a way the manufacturer intended for it to be used or in a way the manufacturer could expect a reasonable person to use it.
Unfortunately, proving each of these elements is not easy and often requires relevant and detailed evidence that many victims do not have the resources or the ability to find. That is why following a Birmingham defective product accident, you should reach out to an experienced Birmingham defective products attorney who can take on this complicated case and help you go after the damages you deserve.
Holding Parties Liable for a Defective Product Accident in Birmingham
If you were injured because of a defective product, there could be numerous parties responsible for your harm and losses, including:
- The wholesaler
- The manufacturer
- The retailers
Yet, more importantly, when it comes to these types of claims, it is not about picking which of these parties is responsible for the accident. Rather, it is about making sure to hold all the at-fault parties in the distribution chain liable for the damages that resulted.
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How Can a Defective Products Attorney in Birmingham Help Your Case?
Following a defective product accident, your focus should be on ensuring you get the care you need, not worrying about preparing strong legal arguments to prove what happened and who was at fault for your harm and losses. Fortunately, with a Birmingham defective products lawyer on your side, you will not have to handle this legal battle yourself. Instead, once these lawyers are retained, they can:
- Evaluate your case, determine if you have a valid legal claim, and figure out what legal options you can pursue.
- Investigate your defective product’s accident and gather the evidence needed to prove damages and fault.
- Ensure that legal documents are prepared and filed with the appropriate court before the statute of limitations expires.
- Hire experts to substantiate your claim, including health care specialists and engineers.
- Handle all the negotiations with the insurance company and go after a fair settlement.
- Head to trial if the other side is not willing to negotiate fairly and fight for a successful resolution.
Contact a Defective Products Lawyer in Birmingham for Help Going After the Compensation You Need
If you or a family member have been harmed in a defective product accident in Birmingham, do not wait to reach out to experienced legal counsel. Instead, contact Morris Bart today for a free case evaluation and let our skilled lawyers help you fight for your rights and the financial recovery you are entitled to.
Questions?Call (205) 380-4158
to find a Morris Bart office near you.
