What to Do If You’ve Been Injured by a Defective Product
When you purchase a product, you often assume that it should work as intended. However, sometimes products can be defective and result in injuries. If you've been harmed by a defective product, it's important to understand your rights and know what to do next.
At Whit A. Thomas, Attorney at Law, we're experienced in helping our clients pursue compensation after an injury caused by a defective product. For over 40 years, our firm has represented injury victims across Alabama, including those in Baldwin County, Escambia County, Mobile County, and Monroe County.
Defective product injury cases can be complicated, and proving liability in Alabama requires an in-depth understanding of state and federal laws. In this blog, we will explore what to do if you've been injured by a defective product and how an experienced attorney can help you hold manufacturers accountable.
What to Do If You’ve Been Injured by a Defective Product in Alabama
If you or someone you know has been injured by a defective product, it's essential to take certain steps that can significantly impact the outcome of your case. While the specific steps you take may vary depending on your injury, we recommend the following to protect your rights and strengthen your claim.
Step 1. Document the Injury and the Circumstances
Gather as much information as possible about the incident. Take photos or videos of your injuries, the product, its packaging, and the specific defect that caused the issue. If there were any witnesses, collect their contact information. Detailed documentation provides a clearer picture when pursuing compensation.
Step 2. Seek Medical Attention
Even minor injuries should be addressed with prompt medical care. This not only protects your health but also creates an official medical record that can serve as evidence for your case. Inform your healthcare provider about how the injury happened, so these details are documented in your medical records.
Step 3. Preserve the Defective Product
Don’t discard the defective product. Instead, secure it safely, as it could serve as vital evidence in your case. Don't attempt to fix or alter the product; it should remain in the same condition it was in when the injury occurred. This helps your attorney prove that the defect was indeed the cause of your injury.
Step 4. Report the Incident
Contact the manufacturer or retailer to report the issue. While doing this, remember that manufacturers may attempt to shift blame or minimize their involvement. Don't sign any documents or accept any offers without first consulting an attorney.
Step 5. Contact an Attorney as Soon as Possible
Defective product cases often require an understanding of product liability laws and their application. Consulting an attorney early on offers the best chance of addressing your financial and emotional burdens through litigation or settlement.
Common Types of Product Defects That Could Lead to Injury
Product defects can occur in various forms, many of which can result in serious injuries. Therefore, it is essential to identify the specific issue with the item and how it caused your injury. The most common types of product defects include, but are not limited to, the following.
Design defects: These defects occur when a product's design is inherently dangerous or flawed, even before manufacturing begins. For example, a product like a pressure cooker with an unsafe locking mechanism could pose risks regardless of its manufacturing quality.
Manufacturing defects: These defects arise during the production process. A poorly assembled children's toy that contains small parts prone to breaking off and posing a choking hazard would be one example of a manufacturing defect.
Marketing defects (failure to warn): Marketing defects happen when a product lacks proper instructions, labels, or warnings to ensure safe usage. This type of defect is common in medications and cleaning products that lack adequate usage warnings.
Packaging defects: These defects refer to issues with the packaging of a product, such as insufficient sealing or tamper-evident features, which can lead to contamination or damage. Food products or pharmaceuticals with inadequate packaging are typical examples that could jeopardize consumer safety.
Alabama Product Liability Laws
Under Alabama law, product liability claims typically fall under strict liability. If you’ve been injured due to a defective product, you do not need to prove the manufacturer’s intentional negligence. You only need to demonstrate that the product was faulty and that the defect directly caused your injuries.
Additionally, Alabama’s “contributory negligence rule” can influence the outcome of your case. If it’s found that you were responsible for the injury in any way (such as misuse of the product), you may be barred from recovering damages.
Alabama also has a statute of limitations for product liability claims. You have just two years from the date of the injury to file your lawsuit, so time is of the essence.
Defective Product Attorney Serving Baldwin County, Alabama
At Whit A. Thomas, Attorney at Law, we have helped victims of defective products in Alabama seek compensation for their injuries since 1980. If you’ve been injured due to a manufacturer's negligence, reach out to us today for compassionate and effective legal representation
Located in Foley, Alabama, we serve clients in Baldwin County, Escambia County, Mobile County, and Monroe County. We have a proven track record of success in wrongful death and injury cases, and we are committed to pursuing the maximum compensation you're entitled to. Contact us today to schedule a free consultation.