Product Liability

You expect the products you buy and use to be safe for your family. Defective products can cause tremendous personal injuries as well as deaths to users and bystanders. Defective mass-produced products can sometimes injure many consumers throughout the United States before the manufacturer is held responsible. Product designers, manufacturers and suppliers all have a duty to not market unreasonably dangerous and defective products.

While some companies work hard to produce safe products, other companies ignore safety. Some companies fail to test their products properly for safety. Some companies test their products but then ignore the results.

While government agencies like the Food and Drug Administration (FDA) and the Consumer Product Safety Commission (CPSC) have a responsibility to protect the public, they are not able to monitor fully all the products and devices we use on a daily basis. They are also not able to review fully the safety testing on all the products and devices we use.

The Blackwell Law Firm represents individuals who have suffered serious or disabling injuries from dangerous and defective products. We closely follow recalls, reports and research related to consumer products. We frequently write on topics related to dangerous drugs and unsafe medical devices. We have also worked collaboratively with other lawyers across the United States to pursue claims for our injured Alabama clients.

HOW IS A PRODUCT DEFECTIVE?

A product can be defective in three primary ways. These three types of product defects can include a design defect, manufacturing defect or failure to warn. Each type of product defect presents different issues. It is important to have legal counsel who understands these issues and claims.

What is a design defect? Products should be designed so they are reasonably safe when used as expected. The designer should consider things such as the possible uses of the product, available technology, potential safeguards and safer alternative designs. A product has a design defect if it is unreasonably dangerous as designed. Design defect claims can be complex. They typically involve expert witnesses who can provide testimony on important issues. A defectively designed product can injure many members of the public if mass-produced.

What is a manufacturing defect? Did the product suffer a flaw or defect during the manufacturing process? In these cases, the product was designed safely. However, the product was produced inconsistently with the design. Although designed properly, the specific product may have been manufactured incorrectly, assembled improperly or produced with bad materials. When this difference from the design creates a dangerous defect causing an injury, the manufacturer should be held responsible. These cases often involve a single or small number of defective products.

What is a failure to warn claim? These claims are sometimes referred to as defective marketing claims. A manufacturer has a duty to warn users of the dangers associated with its product. These claims typically involve a situation where the company knew a product had a specific safety risk when used properly but failed to warn consumers adequately of the danger. Many of the defective medical device and bad drug cases handled by the Blackwell Law Firm involve situations where a company failed to warn of tremendous patient dangers. Manufacturers should provide adequate warnings and instructions concerning safe product use.

HELPING CONSUMERS INJURED BY A DEFECTIVE AND DANGEROUS PRODUCT

At the Blackwell Law Firm, we work hard to help our clients with complex product liability claims. We work hard to obtain the best compensation possible for your injuries. Dangerous and defective products often include medical devices, prescription drugs, machines, industrial equipment, toys, vehicles, food, household items and other consumer goods.

We have represented injured Alabama consumers in multi-district litigation throughout the United States in claims related to drugs and medical devices. We urge you to read our blogs and other articles discussing current developments with drugs and medical devices.

We aggressively pursue your claims for compensation. We also understand that aggressive representation of injury victims pushes manufacturers to make their products safer and better for all of us. Many of the safety improvements that now protect our families and friends were developed and implemented only because good lawyers advocated for safety.

WHAT YOU SHOULD DO

If you, or a loved one, have suffered injury from a defective product, you can take several steps. These include:

  1. Document the product information. If possible, document the details concerning the product, where it was purchased and when it was purchased. If you have receipts or documents, keep them. In cases involving medical devices and other products, we would be happy to provide advice concerning the identification and details related to the product.
  2. Save the defective product. In some cases, product testing is crucial.
  3. Keep medical and wage information. If you suffer injury from a defective product, you will require medical care. You may also suffer problems working that result in wage losses. Keep records of your medical care and wage losses. These documents may be important in developing your case.
  4. Take photographs if possible. Whenever possible, take photographs of the defective product as well as your injuries.
  5. Seek qualified and experienced legal counsel. You should seek an attorney experienced in handling product liability cases. We would be happy to answer your questions.

If you are seeking legal counsel for an injury due to a defective product, we would be happy to talk with you. Consultations are always free and confidential. If you are seeking general information, we would also encourage you to read our blogs and articles on various issues related to defective products.

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