Birmingham Products Liability Lawyer
Why Choose the Ifediba Law Group, P.C.?
- Our products liability attorneys are service oriented and focus on providing each of our clients with the personalized attention they deserve.
- Focusing on a client’s preferred result is an integral part of how we formulate our strategic approach to each case.
- We dedicate ourselves to always being accessible and responsive to our clients.
- Our legal team has been achieving successful outcomes for products liability clients for more than 20 years.
Types of Product Liability Lawsuits in Birmingham
STRICT LIABILITY
Products liability cases are typically pursued under the theory of strict liability. The injured party needs only to prove that a defect in a consumer product exists and that their injury was a direct result from it. Strict liability does not apply to non-manufacturers unless they regularly sell or rent the particular product.
NEGLIGENCE
Under the theory of negligence, it must be demonstrated that carelessness in the manufacturing or designing of a product led to injuries. The injured party must prove the following four elements of negligence:
- Duty – The defendant had a legal duty to sell a safe product.
- Breach – The defendant breached that duty by acting or failing to act in a certain way.
- Causation – The plaintiff must prove that the defective product caused their injuries.
- Damages – The plaintiff was harmed or injured as a result of the defendant’s actions.
Breach Of Warranty
When a product fails to meet an assured level of quality and reliability. There are two types of warranties buyers rely on:
- Express Warranty: A verbal or written statement guaranteeing quality or functionality for a certain period of time.
- Implied Warranty: An implied promise by the manufacturer that the product works and is safe.
Who is Liable for a Defective Product Injury?
Any party involved in a defective product’s chain of distribution can be held liable for an injury, including manufacturers, wholesalers, and/or retail outlets.
Manufacturer: Any party involved in the design or manufacturing of a product, its parts, and any party that assembles or installs the product.
Wholesaler: The seller of products to retail stores, also known as the “middleman” between the manufacturer and the retailer.
Retailer: The seller of a defective product. When suing a retailer you don’t necessarily have to be the one who bought or used the defective product depending on the circumstances of the incident.
Any combination of the above parties could be held liable for damages resulting from a defective product injury. An experienced product liability lawyer will be able to help you in determining which are at fault.
Damages You Can Recover
You may be able to recover the following damages in a products liability lawsuit:
- Medical bills and expenses
- Property damage
- Present and future lost wages
- Pain and suffering
- Loss of enjoyment of life
Alabama has a statute of limitations for seeking damages, which is two years from the date of the injury. The state also practices under a strict standard of pure contributory negligence, which completely bars you from recovering any damages if you are found to be even partially at fault for the injury.
Contact Ifediba Law Group, P.C. Today
We understand the physical, emotional, and financial stress you may be under, our team of products liability lawyers can help. Our firm has significant experience successfully recovering compensation for our injured clients in Birmingham and across Alabama. Call today to find out your rights and for a free case evaluation.
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