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When a person sustains injuries due to a defective consumer product, the liability for damages resulting from the consumer’s injuries is called “products liability.” The at-fault party whose negligence makes them eligible to be held liable for damages will vary depending on the type of defect that a product suffers from.
If you or a beloved member of your family incurred significant damages due to their defective product-related injuries, you could seek to recover compensation for your losses by filing a products liability claim. For more information on products liability claims and what pursuing such injury claims entail, get in touch with a qualified Birmingham defective products lawyer today.
There are three types of defects that can occur in consumer products: design, manufacturing, and marketing defects. A design defect is present in products which are unreasonably dangerous due to an inherent flaw in the product’s design while a manufacturing defect occurs in products when there is a deviation in a product’s intended manufacturing process which makes it unreasonably dangerous. Lastly, a marketing defect is present in products that fail to provide adequate warning or instruction to consumers when using or consuming the product.
In cases where a product is inherently defective by design (e.g., recalled drugs), the developer may be held liable for damages. For manufacturing defects, (e.g., failure to install a safety mechanism otherwise installed during manufacturing), liability typically falls on the manufacturer. In cases where a product lacks sufficient warning or instruction (e.g., child’s toy with small pieces does not provide warning of potential choking hazards), the manufacturer or seller may be held legally liable.
In every case, the resulting injuries to consumer can be catastrophic and cause extensive damage to a consumer’s physical well-being or property. To determine from which potentially negligent party an injured consumer could seek financial compensation, those suffering from defective product-related injuries are strongly encouraged to consult an experienced products liability attorney for legal advice.
Due to the wide range of products available on the market today, the injuries a consumer sustains from a defective product will vary greatly depending on several factors (e.g., product’s inherent danger without defect, type of defect it has, etc.). However, some of the more frequently sustained injuries in products liability claims include the following:
In any case, regardless of what kind of injury a consumer suffers, if their injuries are sustained due to a defective product, they may be owed financial compensation for their losses. A skilled civil litigator with products liability claim experience can work with an injured party to determine the extent of damages required for them to be sufficiently compensated for the injuries and injury-related losses they incurred.
When a product enters the market and is made available to consumers for purchase, there is an assumption that the product will work as intended and is not any more dangerous or harmful to consumers than reasonably expected. However, in cases where a product’s underlying defect poses a greater risk of harm to consumers than reasonably anticipated, the product’s developer, manufacturer, or distributor may be held liable for damages resulting from a consumer’s injuries.
If you or someone you care for is suffering from severe injuries or illness resulting from the use or consumption of a defective consumer product, you could have a potential legal claim through which to seek monetary damages for your losses. To discuss your injury claim with a dedicated legal advocate, pick up the phone and call a Birmingham defective products lawyer today.
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In Alabama a personal injury claim or lawsuit must be filed within two years of the accident. In other words, if someone was injured on November 30, 2020, the deadline to file your personal injury claim or lawsuit is November 30, 2022.