Birmingham Products Liability Cases

Some Birmingham wrongful death cases arise from accidents caused by defective or malfunctioning products. Products liability is the area of law that deals with the responsibility of the manufacturer, wholesaler, or retailer of a product for any injury or death that may result from the use of that product. Liable parties may include the manufacturer of the product or of its component parts, the company that assembled the product, or the wholesale or retail seller of the product, as well as any other party in the distribution chain.

Strict Liability

Strict liability is the term used to describe situations in which a person or entity can be held liable for damages caused to another, even in the absence of negligence or other fault. Strict liability means “liability without fault.” Therefore, a person or entity is held legally liable regardless of whether they were negligent or intended to cause the harm that resulted. The law often imposes strict liability to manufactured parts or products, under the law of products liability.

In a strict liability claim, you are not required to offer proof of whether or not the defendant acted reasonably or used appropriate care in manufacturing a certain product. Thus, a defendant in a products liability suit will be held liable for damages if it is found that the product was defective, regardless of the level of care the manufacturer exercised during the design and manufacturing process. As such, a wrongful death plaintiff does not have to demonstrate that the manufacturer of the product or its component parts was negligent or careless, but only that:

1. A defect in the product caused the accident.

2. The product was being used in a manner consistent with the way it was meant to be used.

3. The product was not substantially altered between the time it left the manufacturer’s control and the time it reached the user.

Types of Defects

In order to prove strict liability in a products liability case, it is necessary to demonstrate to the judge or jury that the product was “unreasonably dangerous for its intended use” as a result of a defect. In general, the following types of defects may render a product unreasonably dangerous:

• Manufacturing Defects:  These occur when an error is made during a product’s manufacture or assembly. Manufacturing defects typically occur in a relatively low number of units of a given product because the defects occur at different stages of the manufacturing process. Any number of problems can occur during production and assembly of a complex product – a screw may not be adequately tightened, a bolt may be missing, wires may be crossed, or pieces may be incorrectly soldered. As a result, the product or component part comes off the assembly line in defective condition.

• Design Defects:  This occurs when an injury results from faulty product design. Design defects are inherent flaws in the design of a product, such that even if a product is assembled and produced perfectly, it will always come out of the factory in a dangerous condition.

• Failure-to-Warn Defects: Manufacturers may also be held strictly liable if they fail to adequately warn consumers of potential hazards associated with using their products.

In order to prove a product defect, the experienced Birmingham wrongful death attorneys at The Walker Law Firm must undertake an exhaustive review of all factors involved in the accident. In addition, it is important that the defective or malfunctioning product is preserved as evidence and examined by experts. If you have lost a loved one due to a defective or malfunctioning product, call the Birmingham wrongful death lawyers at  (877)-925-5373 today for a free initial consultation.

In all matters involving Birmingham wrongful death, it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and file a lawsuit prior to the deadline imposed by the statute of limitations. If a loved one has been the victim of wrongful death, call the Birmingham wrongful death lawyers at The Walker Law Firm now at (877) 925-5373 or SUBMIT A FREE CASE EVALUATION. The initial consultation is free of charge, and if our Birmingham wrongful death attorneys agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a Birmingham wrongful death lawsuit must be filed before the statute of limitations expires.