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In Mobile, United States, Dangerous Product Law pertains to consumer protection against products that cause injury or harm due to design defects, manufacturing defects, or failure to provide adequate warnings or instructions about the product. This area of law is part of Product Liability, governed both by federal laws and state laws of Alabama. The Product Liability claims are generally based on negligence, strict liability, or breach of warranty of fitness depending on the exact situation of each individual case.
If you or a loved one has been injured or harmed due to a dangerous product in Mobile, it is advisable to seek the expertise of a lawyer. This might include situations where a product malfunctioned due to design or manufacturing defects, or if the product did not contain required safety warnings. A lawyer with experience in Product Liability can provide guidance, manage your claim, help establish liability, and ensure accurate calculation of damages, including medical expenses, loss of earnings, pain and suffering, and in some cases punitive damages.
While federal laws often govern product safety, Alabama's state-specific laws also come into play in Product Liability cases. This includes the Alabama Extended Manufacturer's Liability Doctrine (AEMLD), the primary law governing product liability claims in Alabama. The AEMLD allows the injured party to sue the manufacturer or seller of a defective product. The state applies a contributory negligence rule, which can bar recovery if the victim is found to be even partially at fault. Furthermore, Alabama imposes a two-year statute of limitations for most product liability claims.
Dangerous products can span from daily-use household items, children's toys, automotive parts, medical devices, to pharmaceutical products. Any product that causes injury or harm due to defect or inadequate labeling can be considered a dangerous product.
Typically, any party along the product's distribution chain can be held liable. This can include the product manufacturer, the manufacturer of component parts, the wholesaler, and the retail store that sold the product to consumers.
Generally, you must prove that the product was defective, the defect existed prior to the manufacturer releasing the product, the defect caused your damages, and you suffered actual harm or injury.
For most product liability claims in Alabama, you have a period of two years from the date of injury to bring a lawsuit to court.
Under Alabama's contributory negligence rule, if you're found to be even a small percentage at fault, you will not be able to recover any damages.
You might find it helpful to visit the website of the Consumer Product Safety Commission, FDA, Alabama Law Institute and other consumer protection agencies. They offer resources and information regarding recalled products, safety alerts, and statutes governing product liability.
If you believe you have a dangerous product claim, consult with a product liability lawyer in Mobile who is experienced in dangerous product law. They will evaluate your case, guide you through the legal process, negotiate with the opposing parties, and represent your interests in court if necessary. Before your consultation, gather any evidence related to your case, such as the product itself, medical records, photographs of injuries or documentation of financial losses incurred due to the injury.
