When you bring an item home from the store, you expect it to be safe for use, whether the product is a vacuum cleaner, cold medicine, a car, or a leaf blower. Every product that makes it to market should be safe for its intended use and any other use that the manufacturer could reasonably anticipate.
If you suffered an injury because a product failed or did not behave as expected, you might have legal recourse against the product’s manufacturer. Product liability law gives consumers the right to seek damages from the maker of a defective product.
Though, this area of law is complex, and many variables affect the potential outcome. Speak with a Phenix City defective products lawyer as soon as possible after your injury. An experienced personal injury attorney like David Bence could discuss the alternatives available to you and help you hold the manufacturer of a faulty product accountable.
Preserve Your Rights by Seeking Legal Advice Immediately
In a product liability case, the statute of limitations requires someone seeking compensation for injuries (a plaintiff) to file a lawsuit against the responsible party (a defendant) within two years of the incident that caused the injury. Missing the time limit could deprive the plaintiff of the right to have a court hear their case.
If the injury was not apparent immediately, as might be the case with toxic exposure, for example, a different rule applies. In such a case, a plaintiff must file a lawsuit within one year of the time when, by reasonable diligence, they should have discovered that the product caused them harm. However, a plaintiff may not file a lawsuit more than ten years after purchasing the product, regardless of how much time it took for an injury to manifest.
Consulting a Phenix City defective products attorney immediately after an accident or learning a product caused an injury is the best course of action. They could advise whether an injured person has a viable legal case and help them pursue fair and comprehensive compensation from the accountable party.
Defective Products Could Lead to Variety of Dangerous Situations
Sometimes it is clear that a product is defective and caused an injury, but in many cases, identifying the cause of an accident requires some investigation. A seasoned Phenix City product liability attorney is familiar with the common causes of various accidents and could help identify if a product defect was the reason for an accident. Some common unsafe products cases in Phenix City include:
- Defective construction materials or furniture emitting toxins that cause respiratory or other issues in new homes or offices
- Defective electrical products causing fires
- Malfunctioning industrial equipment that leads to severe workplace injury
- Children’s toys that present a choking hazard
- Cosmetics and personal care products which might cause painful or disfiguring skin conditions
Defective Car Components
Defective products cause a significant percentage of vehicle accidents. Defective tires, especially on heavy vehicles like tractor-trailers, could cause a driver to lose control and seriously injure someone. Vehicle airbags, trailer hitches, fuel hoses, and many other components have been subject to recall in recent years. Recalls are evidence that the part did not perform as expected and might present a safety risk.
Holding a Manufacturer Liable for a Product Defect
Under Alabama Statutes §6-5-521, a Phenix City defective goods lawyer typically must prove a defendant liable by using one of two legal theories. They must prove the defendant was either strictly liable, negligent, or both.
Strict liability applies if the product was unreasonably dangerous when it left the manufacturer’s control and a consumer used it as intended or in a reasonable manner. A plaintiff could hold the manufacturer strictly liable by showing that a:
- Product’s design was defective, and a different, economically feasible design would have produced a safer product
- Mistake in the manufacturing process rendered the product unreasonably dangerous
- Warning label provided insufficient instruction to allow a consumer to use the product safely
If proving negligence, a plaintiff must show that the manufacturer did not use reasonable care in putting the product on the market or leaving it on the market. The plaintiff must identify the manufacturer’s negligent act and show that, had it not been for their recklessness or carelessness, the plaintiff would not have suffered an injury.
Reach Out to a Phenix City Defective Products Attorney Today
It can be intimidating to demand damages from a large corporation. However, if a product it manufactured caused you harm, you have a legal right to collect damages. A Phenix City defective product lawyer could help you hold a negligent manufacturer accountable for their actions.
You have only a brief time to file a lawsuit, so do not delay. Reach out to experienced local advocate, David Bence, today.