Defective Product Liability And The Law

If you or a member of your family has sustained injury or suffered other damages due to the use of a product, you may be able to sue the manufacturer. Manufacturers are charged with the responsibility and duty to produce safe products. When a manufacturer fails to do this, they put the health and well-being of consumers in jeopardy.

There are product liability laws in place to protect consumers that have been injured, or worse, by a product that had a defect in its design or manufacture or were sold without adequate warning of potential hazards. Anyone that has been seriously injured by a defective product should consult with a Mobile, Alabama personal injury attorney.

Filing a lawsuit:

Central to any product liability lawsuit is negligence. For the lawsuit to be successful, your attorney will have to prove:

   * The manufacturer of the product owed the consumer a duty and this duty was breached.
   * It was the breach of duty that caused the injury or damage, and
   * The act of negligence was the direct cause of your actual injury or damage

A manufacturer is required by law to exercise a standard of care that can be expected from any manufacturer of such products. To succeed in the lawsuit, your Mobile Alabama personal injury attorney must prove that you would not have been injured if it had not been for negligence on the part of the manufacturer, and that the manufacturer should have foreseen the risk of using the product at the time of design or manufacture.

The plaintiff, upon the successful conclusion of the lawsuit, may be entitled to compensation for his or her injuries or damages.

   * Compulsory damages: Compensation for all medical expenses, lost income and reimbursement for damages caused by the defective product, and

   * Punitive damages: Under certain circumstances, supported by clear and convincing evidence of fraud or malice, punitive damages could also be awarded.

Defective product cases can be complex, to ensure fair compensation for your injuries and damage; you should always rely on a knowledgeable attorney.

If you have been injured as a result of a faulty or defective product, you can hire an experienced Mobile Alabama personal injury attorney and sue for damages. To discuss the details of your case, contact The Law Office of Gary W. Fillingim, L.L.C. Like us on our facebook page.


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