Birmingham Product Liability Lawyer
Americans use all kinds of different consumer products each day, from cutting-edge technology and toys to tools for everyday life. Unfortunately, people often do not realize the potential risks associated with some of these products until it is too late. As a result, thousands of Americans suffer harm from defective or dangerous products every year, resulting in injuries both minor and life-altering.
If you are injured by a consumer, you may need legal assistance from a passionate personal injury attorney to pursue the compensation to which you may be entitled. If you choose to file suit, you may benefit from the help of a seasoned Birmingham product liability lawyer.
Types of Defects
Manufacturing defects occur during the assembly process. They are inadvertent flaws created during the manufacturing process that are not actually meant to be part of the final product. This particular type of defect is found in a very small percentage of the total goods produced.
Design defects occur when there is a flaw in the intentional design of a product that causes it to be dangerous to the consumer. This is a common type of defect and usually, the source of many product recalls the public hears about.
To determine if a defect stems from a product’s design, the court will assess whether:
- The design is unreasonably dangerous, and if it was unreasonably dangerous prior to manufacturing
- The harm that the defect caused could be reasonably predicted
- There was a better design that was financially feasible for the company
Strict Liability and Negligence
There multiple ways in which a company can be held accountable for products liability, depending on where the injury occurred, where the product was bought, what the chain of selling looked like, and other such factors. An experienced Birmingham products liability lawyer could determine which method is most appropriate for a particular case.
Under strict liability law, a manufacturer can be found responsible for any defect that stems from the manufacture of the defective or dangerous product. In a strict liability case, the plaintiff must demonstrate that the defect is the direct cause of their injury, but they do not have the burden of proving negligence on behalf of the manufacturer.
Instead, a manufacturer is assumed to be negligent if they are found to have breached a duty to manufacture and sell a safe product. In other words, the manufacturer knew or should have known that the product was defective or dangerous but failed to take measures to prevent consumers from suffering harm because of the defect.
Failure to Warn
If a manufacturer fails to warn consumers of possible hazards and risks of using the product, they may be held liable for any ensuing damages. The American National Standard Institute (ANSI) regulates safety labels in the United States. In 2002, they amended their safety guidelines to require labels that are easy to read, have detailed explanations, and use pictures to better illustrate safety. Per ANSI guidelines, warning labels should indicate the existence, potential severity, and possible effects of product hazards, as well as how to avoid the hazard in the course of normal use.
Any company involved with the distribution chain for a defective or dangerous product can be held liable for failure to warn. For their part, the plaintiff must demonstrate that sufficient warnings could have prevented their injury and that the hazards and risks were reasonably foreseeable. Reach out to a Birmingham products liability lawyer for more information.
Speak with a Birmingham Products Liability Attorney Today
If you or someone you know suffered harm from a defective product, you may have a variety of legal options at your disposal. A seasoned Birmingham products liability lawyer could guide you through the process of filing a lawsuit, figuring out the best method of liability, and pursuing compensation for your injuries.
