Have you been injured by a defective product and wish to file a lawsuit against the maker of that product? The first thing you should do is consult an attorney who specializes in these cases.
A product that simply malfunctions, is not a case for product liability. A defect must be proven.
If someone puts a product in the stream of commerce and it fails, and someone gets hurt, the manufacturer is automatically liable. Most states have strict liability laws.
While there is no federal product liability law, various states do have laws on the books regarding product liability. Alabama has a special statute that governs defective products, or product failures, but it must be proven that a defect exists.
Some things to keep in mind about these cases:
- You don’t have to be the product user. You may simply have been in the vicinity when a product misfired and were injured. You may still be able to bring a claim.
- You don’t have to be the buyer; the product could be a gift you received.
- Even if you have purchased a used product, you may still be able to bring a claim if it malfunctions and you are injured.
When dealing with a product recall, there is recognition that there was a design defect or failure. However, you must also prove that the defect exists and caused damage in order to recover legally from the manufacturer.
If you have been injured by a defective product and wish to pursue a lawsuit to recover damages, consulting an attorney who specializes in these cases should be your first step.
If you have legal questions, please consult our Online Legal Directory to find an attorney in your area.