You can file a product liability lawsuit when you were harmed by something that you bought.
Contact Steve Morris Law to learn from our Anniston product liability lawyer whether you may have a potential lawsuit against a manufacturer.
When you purchase a good, you only come into contact with the end product. Many things happened along the way, from the design to the manufacturing, over which you have no control.
You do not know whether someone involved in the process cut corners or made a mistake. You only find out that something was wrong when the product injured you or a loved one.
Examples of Product Liability Cases
Here are some examples of large or notorious product liability cases:
- Makers of asbestos and companies who exposed their workers to it were sued in one of the largest cases of all time.
- In a famous case, a McDonald’s customer sued the restaurant for serving their coffee at a scalding hot temperature; although this case was cited as a reason why lawsuits and juries were out of control, McDonald’s did subject its customers to grave dangers.
- Ford was sued for a design defect in the Pinto that caused the gas tank to explode at low-impact crashes.
- American Home Products had to pay $13 billion in damages because its diet pill Fen-Phen caused heart attacks and other heart damage.
How to Prove that a Product Was Defective
There are several ways that you can win a product liability case. The first is that you can prove that the product was actually defective. Then, anyone who was involved in the “stream of conduct” can be liable. The burden of proof then shifts to the defendant to show why they should not be held liable.
A product can be defective in three ways:
- A manufacturing defect is when a product departs from its intended design and it becomes unreasonably dangerous
- A product defect is when there is nothing wrong with the manufacturing, but there is an inherent flaw in the design that makes the product unreasonably dangerous for its intended purpose
- A marketing defect is when the company knew or should have known of the danger, but it did not remedy it or warn the general public
Additionally, you could also win a product liability case by showing that someone was negligent, or they breached a number of warranties that come with the product.
No matter which court you file a product liability action, the statute of limitations is a matter of state law. In Alabama, you have only two years from the time that you were injured or should have known that you were injured, to file a claim.
There are always questions of when the statute of limitations begins to run in your product liability case. You would have two years from the date that you realized your injuries were caused by a defective product to sue.
At Steve Morris Law, we have helped clients who have been injured by products. We have handled difficult product liability cases, including working on behalf of a client who was injured by the diet pill Fen-Phen. We understand how to effectively prove that a product is defective.
Categories of Product Liability Cases
Product liability cases can be very complex. Generally, there are two ways that product liability cases are filed:
- As individual lawsuits when you have been physically injured by the product
- As class action lawsuits, when the product fails to perform as advertised, or every single plaintiff has suffered the exact injury
Usually, your attorney would work with expert witnesses to prove that a product was defective.
These cases are often heavily scientific. Practically everything comes down to both your expert witness and the evidence that your lawyer is able to gather in the discovery process of your case. The defendant will always fight your choice of expert, claiming that they are not qualified to give an opinion. You must win when the defendant files a Daubert motion. Otherwise, you may be left with no case.
At Steve Morris Law, we understand all phases of the product liability case, and we are prepared to vigorously represent your interests at all times.
Contact an Anniston Product Liability Lawyer Today
If you or a loved one have been injured by a product, you will be in for a tough fight to qualify for financial compensation. At Steve Morris Law, we are up to the fight, as evidenced by our track record of delivering results for our clients.
You do not know whether you can sue until you talk to a lawyer. It costs you nothing to speak to an attorney in a free initial consultation. We will tell you whether we believe that you have a strong case. You can call us at 256-357-9211, or you can send us a message online to discuss your case.
