Product Liability - WAFF-TV: News, Weather and Sports for Huntsville, AL

Product Liability

Product liability cases involve injury or death, caused by a defective and unreasonably dangerous product. Defective or dangerous products cause many thousands of injuries every year. There are three basic product defects which we will consider when prosecuting your claim:

- design defects
- manufacturing defects
- marketing defects

Alabama product liability law is the legal rules concerning who is responsible for defective or dangerous products, such is different from ordinary injury liability law, and can sometimes make it easier for an injured person to recover damages. Product liability law in Alabama is generally referred to as the  "Alabama Extended Manufacturer's Liability Doctrine (AEMLD). Some indicate that manufacturer's are "strictly liable" when you are injured by a product. However, while AEMLD does hold the product  designer, manufacturer or seller, responsible for damages caused by a defective product, they are not required to pay damages simply because an individual suffered an injury. Therefore, mere proof that an accident and injury occurred is insufficient to establish liability and recover damages. In order to obtain compensation for the your injuries/damages, we must show that (1) you suffered injury or damage as the result of a product being defectively designed, manufactured, sold, distributed and/or marketed, i.e. "That the product was in a defective condition and unreasonably dangerous to the consumer, as the ultimate user of the product"; (2) the Defendant is in the business of designing, manufacturing, distributing, or marketing/selling the product,  and (3) the product reached the ultimate user or consumer without substantial change from the condition in which it was sold.

The AEMLD makes the product manufacturer or seller liable for placing a defective product into the hands of a consumer. Responsibility for a defective product causing injury lies with anyone in the distribution chain, and may include: the designer, manufacturer; manufacturer of component parts; the wholesaler, and the retail store that sold to the final consumer. Alabama law attempts to make sure that the product meets the ordinary expectations of the consumer. A product which contains an unexpected defect or danger, will not likely be determined to meet the "ordinary expectations" of the consumer.


Numerous federal and state statutes, regulations, and safety orders concerning a variety of products might be helpful in making sure that a product reaches the user in a condition that is safe for use, however, in many instances companies have manufactured defective products, knowing that they posed substantial risk to the final user, until someone has been seriously injured and substantial damages have been assessed against the entities who placed the product in the marketplace.

Choose our team of trial lawyers with experience for a free consultation and case evaluation at McKinney, Braswell & Butler, (256) 319-4878 or toll free at 1-866-637-4878.

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