A product liability action is usually brought about due to injury from the use of defective products. This type of action can be brought against anyone who is engaged in placing the product in commerce as a regular business. This includes the manufacturer, wholesaler, retailer and others. The most common categories of defect claims that arise are:
- Manufacturer Defect– This type of defect happens in manufacturing process. Generally there is some error or defect that causes the product to be non-conforming to the manufacturer’s design or specifications.
- Design Defect– This type of defect occurs when a product’s design whether by omission or addition of a feature causes it to be dangerous. The Samsung Galaxy Note 7 fire and explosion issue is a recent example of a design defect.
- Warning and Instruction Defect– This type of defect usually involves a failure to warn or a labeling defect. This generally applies to dangers that are not obvious.
- Unavoidably Dangerous Products– The manufacturer is required to warn about non-obvious dangers of products that are inherently dangerous.
Types of Defective Products liability cases include:
- Children’s products
- Prescription and Over the Counter Drugs
- House hold products
Alabama has a one (1) year statute of limitations on product liability actions. However, in situations where the injury is not discovered before the one (1) year statute lapses, due to exposure to or ingestion of a harmful substance over time, you have one (1) year from the time that the injury is, or should have been, discovered to file suit.
A products liability case can be very complicated and lengthy process; therefore, it is imperative to hire an experienced attorney who can work with the person or entity against whom the claim is made to negotiate a settlement or represent you and your interest in the courtroom. If you have a product liability claim, contact Fortune & Beard for your free consultation.