When consumers purchase a product, they should not have to worry about it harming themselves or their families. Unfortunately, not all goods are properly regulated. Defective products represent a substantial danger to all consumers. When an item enters the consumer market without proper precautions to ensure its safety, severe harm could befall anyone who purchases the product. In these situations, a manufacturer or corporation could be held financially responsible if a claimant can prove that the business acted negligently.
If you were injured while using a flawed consumer good, a compassionate Montgomery defective products lawyer could fight for your rights and advocate for your safety. You might be entitled to financial compensation, and a seasoned personal injury attorney could help decide your next steps. En Español
What Makes up a Defective Product Lawsuit?
Many manufacturers attempt to cut corners or hide the known dangers of their products to make a profit. If an individual discovers that a corporation disregarded safety standards, the consumer could communicate this negligence to an attorney and begin filing a defective product lawsuit. To assemble a legally valid product liability claim, a plaintiff and their legal representation must establish that:
- The claimant suffered injury from a defective product that was unreasonably dangerous.
- The item itself was defective at the time it left the control of the relevant manufacturer or corporation.
- The plaintiff did not substantially alter the product in a way that caused their own harm.
Verifying these elements might require careful adherence to complex legal procedures, but a savvy attorney in Montgomery could lessen the difficulty of proving that a product is defective.
Types of Faulty Items Claims
There are three primary forms of product liability claims that a plaintiff could pursue. Each kind requires a specific set of evidence and paperwork.
Manufacturing Defect Lawsuits
If a consumer good is defective because of shoddy materials or the way it violated the approved assembly plan, the case will fall under the manufacturing defect umbrella of product liability cases. Hazardous working conditions or employee errors could also help classify a claim as a manufacturing defect lawsuit.
Design Defect Lawsuits
Meanwhile, if a product’s overall blueprint or conception is flawed, a design defect claim might be the appropriate action. In these situations, a product might have been constructed according to plan, but the overall design could be inherently unsound. These types of defective merchandise lawsuits can be more challenging to pursue since they often require expert testimony.
Failure to Warn Lawsuits
If a company recognizes the danger their product poses, the law requires them to warn consumers of these risks. When a corporation fails to notify the public about a defective product, either negligently or intentionally, an injured plaintiff is entitled to financial compensation through a lawsuit.
An attorney in Montgomery could determine which type of defective product claim is relevant for an injured person’s circumstances and help them file the lawsuit correctly.
Are Product Liability Cases Subject to Time Limits?
In general, Alabama Code Section 6-2-38 requires a claimant to submit their defective product lawsuit within two years of their injury. This time limit is usually non-negotiable, but some exceptions to the standard do exist. A knowledgeable lawyer in Montgomery has experience dealing with this statute of limitations and could help a wounded consumer file their defective product lawsuit on time.
Enlist the Help of a Montgomery Defective Products Attorney
In an ideal world, all consumer goods would function as intended. However, manufacturing defects, design flaws, or a corporation’s failure to warn the public of a known hazard all could result in a life-altering injury.
A hard-working Montgomery defective products lawyer is a valuable asset if you were harmed while using flawed merchandise. A legal team member can uncover what caused a product to become faulty and help you seek a just settlement for your setbacks. Call the office today to schedule an appointment.