Product Liability Cases

In the state of Alabama, and in the United States in general, manufacturers and designers are held liable if something they create, design, sell, produce, or manufacture harms someone in any way, from defective products to lead issues and so on. These are known as product liability claims, but the case is not limited to toys or food. This is actually a very broad spectrum label, “product,” since it can literally be anything, although most attorneys use this case label only for personal property items.

Types of Product Liability Cases

Product liability cases are not lumped into one big category and left for the judge, defense attorney, and opposing attorney to work out. There are a few subcategories that make dealing with the case easier for all parties involved, although most attorneys prefer to settle these types of cases out of court. Like most attorneys, we work hard to keep you out of the courtroom, working to get you the most favorable settlement possible in your type of case. These subcategories often include, but are not limited to:

  • Warranty breaches
  • Negligence dealing with products
  • Strict liability
  • Consumer protection

These subcategories are then further broken down in order to make the case manageable for everyone, and in order to determine a basic dollar amount that attorneys can begin negotiations. The manufacturer’s attorney will have limits that he/she/they can make settlements from, and we work hard to get the money that you deserve for personal injuries, medical bills, long-term care, lost wages, and more.

Breaking out the Subcategory

Once the subcategory is determined for a particular case, it can be classified according to the situation, depending on the case particulars. For instance, a breach of warranty case often deals with a specific violation, denial, or claim not honored in a warranty agreement between a buyer and seller, such as telling someone that they can bring something back in a specific time frame (buyer’s remorse situations) and not honoring the written warranty or promise.

Keep in mind that Alabama has no buyer’s remorse laws in regards to vehicles, unless you get something in writing stating that you have a specific time frame (i.e. 30 days) in which to decide whether you want to keep the vehicle.

Result of Product Liability Claim

In some cases, the claim’s resolution can have long-lasting effects, such as recalls of particular products or implementation of new rules for designing future products. This is how lemon laws, widespread recalls, and similar rules come to be in existence. One example of this would be the McDonald’s coffee case so familiar to most people, where the corporation was sued after a defendant was injured by hot coffee in an unlabeled cup. Now, the restaurant has specific cups for handling hot beverages, clearly marked for safety purposes to avoid future injuries.

These laws are put into effect to protect consumers and manufacturers alike, in addition to saving money on court costs, judge/attorney fees, and similar costs. Although it does not necessarily decrease the number of lawsuits regarding product liability, it does serve to protect both parties in case of similar claims or problems at a later date. Contact us right away to begin building a case that best meets your needs, helping you get the compensation that you deserve!


About handlawfirm

Born September 12, 1964, Ben earned a Bachelor of Science in Business Management degree from Auburn University in 1987 and a Juris Doctorate degree from Cumberland School of Law in 1990. Ben has been a practicing attorney since 1990 and spent six years in Central America. He is familiar with customs and conditions of the region and is fluent in Spanish. Ben established and is currently the Vice President of the Legal and Contracting with Emergency Response Training Systems, the only company to run military style software (jcats/acats) for training of civilian law enforcement (ERTS Opelika, Alabama). This also provides homeland security training for the Auburn University Homeland Security department. Ben Hand is the winner of various Who’s-Who Awards, the Republican of the year for 2001, and a Republican Nominee for the U.S. House in 1994. He is licensed to practice law in Alabama and Georgia. Ben founded Hand, Fellows and Associates law firm and is the founding member of the board of directors of Beacon University in Columbus, Georgia. Ben currently represents thirty-two different non-profit organizations in Alabama, Texas, Georgia and Tennessee. He is a business legal adviser to seventy-five different small businesses and corporations. Ben was hired by Chief of police, Terry Sanders, to represent him in a dispute with the Valley City Council in Valley, Alabama and was also hired by Chief of Police, Ben Brown, to represent him in negotiations with the Lanett City Council and the mayor of Lanett, Alabama. The former city attorney for Uniontown, Alabama, Ben is a city prosecutor for cities of Opelika and Roanoke in Alabama. Ben is a family court referee in Lee County, Alabama and was appointed by Governor Bob Riley as an Administrative Law Judge for State Health Planning and Development Agency. He successfully represented the State Republican party in Lee County during Governor Bob Riley’s election challenge 2002. Governor Bob Riley was elected by a narrow margin and the outgoing Governor challenged the election. Ben was asked by Governor Riley to represent him in Lee County. Governor Riley won and the challenge was dropped by the outgoing Governor. Ben was a guest lecturer for the Auburn University Safe House. He instructed the local law enforcement and Domestic Violence counselors on obtaining protection from abuse orders. Ben was a guest lecturer for Auburn University SOAR for lawyers and realtors on construction law. He is an elder at Believers Church in Auburn, AL and on the board of directors for the Spirit of Life Church in Murfreesboro, TN. Ben is a Gideon speaker and member since 1992 and a Municipal Judge in Wedowee, Alabama since 1995. Ben%2
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1 Response to Product Liability Cases

  1. Monex says:

    Under the law of Torts a manufacturer is held strictly liable when one of its products placed on the market with the knowledge that it will be used without inspection for defects proves to have a defect that causes injury to a human being.

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