Mobile Alabama Defective Products Attorney
It may be hard to believe, but according to the U.S. Consumer Product Safety Commission, tens of millions of people in America seek medical attention for an injury related to a consumer product each year. Additionally, the CPSC reports tens of thousands of deaths related to consumer products. When we as consumers purchase a product, we expect it to work and have no way of knowing whether it is safe or defective. Only the manufacturer has the ability to control the safety of its product. That is why product manufacturers can be held strictly for selling or distributing a defective product that injures its user. At the Carter Law Firm in Mobile, our attorneys are not afraid to go up against the corporate giants and hold them accountable for the harm they have caused.
Strict Products Liability
There are typically many different legal theories under which a lawsuit can be brought against a corporation for making a defective product, such as breach of an express or implied warranty, negligence or strict liability. Proving negligence in a product defect case can be difficult, because the manufacturer is the one in charge of the entire manufacturing process and holds all the answers about whether it was negligent or not. With Strict Liability, however, it is not necessary to prove that the manufacturer was negligent. It is enough to prove that the product was defective, and this defect caused injury to the victim.
Types of Defects
Product defects are generally classified into three categories: design defects, manufacturing defects, and failure to warn defects.
Design Defects – A product that is designed in a way that makes it unreasonably dangerous can be considered defective. This can include a car designed with a high center of gravity or narrow wheel base, so that it rolls over too easily on impact, causing serious injury or death when the roof caves in. Other cars have been designed with the electrical system running too close to the fuel line, so that even in an otherwise minor impact, a car could catch fire or explode into flames. Sadly, automakers who become aware of a design defect may choose not to recall the vehicles or fix the defect, but instead just settle claims when injuries occur. When corporations put their bottom line ahead of public safety, the Carter Law Firm is here to hold them accountable for their misdeeds.
Manufacturing Defects – Defects in the manufacturing process can occur when substandard materials are used, when manufacturing equipment is not properly maintained, or when workers are not adequately trained or supervised. A poorly-made product can fail at a critical moment, with tragic results to the user. Depending on the reason for the defect, a manufacturing defect may be present in only one or a handful of units, or in thousands.
Failure to Warn – A key aspect to making a safe product is including instructions about the product’s safe use, and including warnings of dangers or prohibited uses. Warnings and instructions should be easy to see and easy to read and understand. A product that does not include adequate warnings or instructions may be considered defective, and the manufacturer, distributer or retailer may be liable for injuries which result from its use. This includes injuries from the product’s intended use as well as any other uses that the manufacturer could have reasonably foreseen.
Dedicated Products Liability Attorneys Stand by Your Side and Stand Up to Big Business
If you have been harmed by a defective product, count on the Carter Law Firm attorneys to fight for maximum compensation to help you with your injuries and force companies to make their products safer. In Mobile or Baldwin County, call 251-433-6500 for assistance.