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!