Product Liability Lawsuit Birmingham
All About Product Liability Lawsuit
Malfunctioning and dangerous products are the causes of thousands of injuries every year. The product liability law gives an individual a legal cause of action when they’re hurt and injured because of a dangerous product. A seller or a manufacturer of a malfunctioning product can be held accountable for injuries.
There are usually three types of defects in a product liability case:
Defect in design: If the design of a product is unsafe, the entire product can turn out to be unreasonably dangerous. This can also apply to how a particular product is packaged. Failure to use childproof containers for storing drugs is a good example in this regard.
Inaccurate or insufficient warnings: A manufacturer may create a product that has a perfect design but fail to include sufficient instructions for safe operation.
Manufacturing defect: If a product is well-designed, but the way it is made is unsafe, its manufacturer may be held liable. For example, the type of plastic used may be frail, thereby beginning to break after some time.
In a product liability case, damages may be recovered for 4 reasons:
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Ways To Prove Product Liability Claim
Just like any other personal injury case, the victim of a defective product needs to validate that it was the defect in the product that led to injuries and damage. In fact, the victim needs to prove all the elements of negligence such as duty to create a product, defect, and the injuries caused due to the defect.
Liable Parties: The manufacturer, seller, or anyone who modified the product may be held responsible for the injuries caused due to the product’s defect. Sellers may include wholesalers, resellers, and distributers even if they were unaware of the cause of defect.
Standard of Proof: Product liability cases are not based on negligence. On the contrary, they are based on liability. To validate the liability, it is required to prove that the product was defective and it caused the injury.
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When Do I Need A Product Liability Lawyer?
Product liability cases involve complicated litigation. In fact, the nature of a claim depends on the state or jurisdiction where the person lives, the type of product used, and the cause of the defect. Also, liability may depend on multiple parties. Once all this information is gathered, an experienced attorney will determine the adequate type of claim.
If you purchased a product and by using it, you became sick or injured, consulting a specialized product liability lawyer can give you an insight on how strong your case is. The product liability lawyers in Birmingham, Alabama at the Law Offices of Manley Traeger have years of knowledge and hands-on experience in handling product liability cases.
The injury attorneys in Birmingham, Alabama have extensive experience in complicated litigation and this makes us well-suited for handling product liability claims. In fact, our competent lawyers are adept in dealing with product liability matters involving sale, manufacture, use, and distribution of products.