Defective Products

Birmingham, Alabama

Unsafe Products
If you've been injured by a defective product, you have the right to collect damages. Product manufacturers owe it to their customers to make items safe for consumer use.

The concept behind product liability law is that companies providing products are typically in the best position to prevent defective products from entering the marketplace. They have safety guidelines and testing abilities, and should do everything in their power to assure customers receive dependable, quality items. If a company fails to do this, they should be held accountable.

The Birmingham injury lawyers at Burke, Harvey & Frankowski are committed to representing residents who have been hurt by:

• Defective Automobiles
• Toys
• Car Seat
• Cribs

A product liability claim can be brought against anyone who is involved in placing the product into the business sector. This can include the manufacturer, wholesaler, retailer, and others, such as a mechanic who regularly installs car parts.

There are three basic types of product liability cases. These involve:

• Manufacturing defects: When the defect occurred during the manufacturing process.
• Design defects: If a product's design does not sufficiently protect consumers from danger. Design defect cases question the product standards.
• Inadequate warnings: With products that are dangerous by nature, additional warnings are generally required. When the current warnings do not adequately protect the user from injury, the manufacturer may be liable.

In Alabama, there are two basic legal theories that used to determine the party at fault for product liability cases:

Strict Liability
With this theory, you don't have to prove that the manufacturer, designer, wholesaler or retailer was negligent. All you have to do is demonstrate that the product was defective or unreasonably dangerous; that the defendant was involved in placing that product into the market, and that the product's defect is to blame for your injuries.

Sometimes you don't even have to prove exactly how the product was defective-only that it was sold and used for its intended purpose and consequently caused injuries. For example, if you're using a toaster and it catches fire and causes you third-degree burns. You don't have to prove why the toaster caught fire, just that it was defective.

Negligence
Negligence means that one party's carelessness is responsible for another party's injury. With product liability negligence cases, you have to prove that whoever produced or distributed the product was negligent. If, for example, a retailer sells a product without all the instructions and safety material, the retailer may be held liable if you misuse the product and suffer an injury.

If you or a loved one suffers injuries because of a defective product, the Brimingham personal injury lawyers at Burke, Harvey & Frankowski. Our attorneys can help you determine whether your have a claim against a product manufacturer or retailer. Call or e-mail us today for a free consultation.

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