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Companies that make and sell products have a legal obligation for their products to be safe and effective when used correctly and to warn of any inherent dangers. When they fail to do so, and someone is seriously injured or killed by defective products, the injured party may be able to hold the product’s manufacturer, distributor, seller and any other responsible party liable for their damages through a product liability lawsuit.
If you believe that a defective product injured you or someone you love, a successful lawsuit can bring compensation for your costs and losses. However, product liability laws are complicated, and the plaintiff has the burden of proof to show that the product was defective and this caused their injury. Product manufacturers and their insurers have high-powered lawyers on their side who will attempt to get you to settle for the lowest amount possible or deny claims altogether and make it seem that the injury was your fault, so it is difficult to go up against them on your own.
The experienced Mobile, Alabama, product liability attorneys at Caldwell Wenzel & Asthana Injury Lawyers understand product liability laws and are fully prepared to handle all legal hurdles needed to fight for optimum compensation for your losses. We offer a free consultation to discuss your case and determine the best way to move forward, so call us today to see how we can help.
Choosing the right attorney can make a big difference in the outcome of your case. It is important to find someone you trust and feel comfortable with who also has the experience, skills, and knowledge of Alabama product liability civil law needed to win the settlement you deserve.
At Caldwell Wenzel & Asthana Injury Lawyers, quality client service is a top priority. Here are some reasons why we believe you should choose us:
Product liability injury cases can be complicated. Depending on the situation, there may be a class action, a mass tort, or a multi-district lawsuit. Our attorneys know that time is of the essence in investigating and building a case. When you retain us, we start working for you immediately and will:
A defective product lawsuit in Mobile may be based on several theories of recovery. In Alabama, you may have a claim based on negligence, breach of warranty, or strict liability through Alabama extended manufacturer’s liability doctrine (AEMLD). The AEMLD is a legal principle that holds manufacturers liable for the injuries caused by their products, even if the manufacturer did not directly sell the product to the injured party. To win a case under the AEMLD, our attorneys must prove that that the product reached you without substantial alteration and that you suffered damages due to a product’s defective condition which made the product unreasonably dangerous.
Strict liability — Most product liability cases involve the legal doctrine of strict liability. This law means that a plaintiff filing a defective products lawsuit does not have to prove negligence, but must show that the product had a defect that led to an injury or that the product provided inadequate safety warnings that caused personal injury to the plaintiff.
Negligence — Even without the doctrine of strict liability, you may win your lawsuit and receive compensation if you can prove negligence. Proving negligence legally means showing that the following elements exist:
Breach of warranty based on the contract between the defendant and the plaintiff that a product will perform in a particular way and was free of design, manufacturing, or labeling defects.
There are three different types of product defects that can result in product liability claims. These include:
In some product liability cases, there may be several possible defendants, since many different parties play a role in the development, production and distribution of a product. For example, in addition to a case against the manufacturer, you may also be able to bring a claim against a designer, the seller, the wholesaler or even someone who modified the product.
Our Mobile product liability lawyers will look to identify all possible defendants and hold them liable as they all may have assets and insurance that can go toward a settlement.
Client questions are something we welcome and encourage. Many will be answered at your initial consultation, but here are some answers to questions our attorneys are most frequently asked:
How much is my case worth?
Settlement amounts can vary greatly in a product liability case, from the thousands to millions of dollars. The amount you receive will depend on individual circumstances and factors such as the extent and permanence of your injuries and the degree of fault of the defendants.
What does a damage award cover?
Alabama allows an award for damages that cover your economic or monetary damages, such as medical costs, lost wages and property damage. You may also receive compensation for your “non-economic” damages that do not have a specific dollar value but negatively impact your quality of life, such as physical and emotional pain and suffering and loss of quality of life and consortium.
What happens if my loved one died from a defective product?
If a loved one died, our wrongful death attorney can help you by pursuing punitive damages against the liable party through a wrongful death suit that seeks to punish the responsible party through a punitive damages award. This is paid directly to the heirs of the deceased person, and not made part of the estate, so direct family members are most likely to receive the money.
Are there time limits for filing a case?
Yes, according to Ala. Code § 6-2-38, there is a statute of limitations, a deadline for filing injury cases, that is generally two years from the date the damage occurred. If you fail to file on time, the courts are likely to dismiss your case.
Our Mobile defective product attorneys will be there for you throughout the entire legal process to answer questions and concerns as they arise.
The Mobile product liability attorneys at Caldwell Wenzel & Asthana Injury Lawyers have the skill, experience, and commitment to fight for maximum compensation. We are compassionate and understanding and also provide aggressive, results-oriented legal representation which serves our clients well. Other attorneys and insurance companies know that when we are handling a case, we will be prepared to take it all the way to trial.
Put our skilled, experienced product liability lawyers to work on your case now, while evidence is fresh and witnesses can be found. We work on a contingency-fee basis, so we collect no fees unless and until we win your case.
Call (251) 444-7000 today to schedule a free, no-obligation case consultation.