When a product enters the market for consumers to purchase, they should be safe for consumers. Sadly, many companies are negligent in their duty to keep the public safe and release products that can be extremely harmful. Defective designs, failures to warn, and negligent manufacturing can all contribute to these risks.
If you or a loved one were injured by a defective product and unsure of what to do next, reach out to a seasoned attorney. An experienced Athens defective products lawyer can seek financial compensation for all of your injuries and damages. En español
How is Negligence Proven in a Product Liability Case?
Many products sold throughout the country and within the state cause harm to unsuspecting consumers. Many times, the product is defective because of the manufacturer’s attempt to cut corners and save some money. When the manufacturer’s negligence is the cause of the injuries suffered by a plaintiff, a products liability lawsuit may help hold the company responsible for their wrongful acts.
State law requires that certain elements be proven to win a defective product lawsuit. The plaintiff must show that:
- They were injured by a product sold that was defective and the defect made it unreasonably dangerous
- The product was defective when it left the control of the manufacturer
- The plaintiff did not substantially alter the product in such a way that led to their own injury
Proving these types of cases often requires expert testimony, and in every case these claims can be very complicated. The assistance of a dedicated attorney is crucial to any successful defective products liability claim.
The Deadline to File a Claim
Alabama Code Section 6-2-38 sets a two-year limitations period for defective products lawsuits in the state. A plaintiff must file their claim within this time period, or risk losing their ability to recover compensation for damages. By retaining the assistance of a knowledgeable attorney, the injured party could ensure their claim is filed within the statute of limitations.
Types of Claims
There are three primary examples of why a product could be defective. Each type requires its own unique way of proving the case.
What is a Design Defect Claim?
Claims based on design defects argue that it is the product’s design that was fault, even before the product is built. If the design is inherently dangerous and due to a company’s negligence, the plaintiff can seek financial compensation from the company for injuries that result from that negligence. Since the problem is with the way the product is designed, even when the product is built properly it is still dangerous and can injure the plaintiff.
Manufacturing Defect Claims
Other products become defective because of the way they were made. Defects in manufacturing processes can cause severe injury to a plaintiff. This can occur due to unclean manufacture conditions, defective machining, employee error, procedural defects, and much more. It could also be caused by inferior materials that were used to build the product.
Failure to Warn Claims
When a company fails to warn of known dangers of a product, they could also be liable for any injuries that result from that failure. This is especially common in dangerous drug lawsuits, where companies know of dangers of medications but choose not to warn the public to increase sales.
Speak to a Defective Products Attorney in Athens
When a manufacturer is negligent and causes you injury, you have the right to pursue financial compensation. A products liability lawsuit may help you recover the money damages needed to put your life back together. Contact an experienced Athens defective products lawyer for assistance today.