2101 Highland Avenue S.
Suite 750
Birmingham, AL 35205
Phone: 205.933.9500 Toll Free: 877.715.9300 Fax: 205.212.9500 Contact Us
Defective Product Liability Attorneys Serving Clients in Alabama and Nationwide
Product liability attorneys Wettermark, Holland, & Keith know that every year, hundreds of thousands of Americans are maimed, injured, or killed as a result of defective products. Product Liability Law is the area of the law that determines liability and sets compensation for victims of defective products. There are three types of product defects for which manufacturers and suppliers may be held responsible: design defects, manufacturing defects, and marketing defects.
Design defects are defects or unsafe conditions in products that are inherent in the design. Examples of design defect include automobiles that are designed with the fuel tank in an unsafe position, manufacturing machines that do not have adequate safety guards, drugs with dangerous side effects, or children’s clothing that is flammable.
Manufacturing defects are the result of a mistake during manufacturing or construction process. Examples of manufacturing defects include improper welds on metal components, unsanitary conditions in the manufacture of drugs or food products, or a bolt that was not properly secured during the assembly process. Unlike a design defect, where all the products are flawed, often manufacturing defects occur in only a hand full of a particular product.
Marketing defects are the failure to give proper warnings or instructions to the consumer or user of the product. Examples of marketing defects would be where a product is not labeled in a way that informs the user of proper handling, use, or results during use that might be adverse or dangerous to the consumer. In many jurisdictions, products liability is considered a strict liability offense. By strict liability, it is meant that the manufacturer is strictly liable for any defect in the product, without regard to how careful he was in the design or manufacture of that product. If the product is defective, then the manufacturer is liable. It is not necessary to show negligence. In other jurisdictions, however, products liability is based upon negligence. In those jurisdictions, it is necessary to show that the manufacturer was careless in his design or manufacture of the product, and that carelessness contributed to the ultimate defect.
Finally, some products liability claims are based upon breach of warranty. In most jurisdictions, there is an implied warranty of fitness that every manufacturer is deemed by the law to supply with its products. A product which is defective is not fit for use, thus, a claim can be made that the manufacturer has breached its warranty.
Products liability claims
potentially apply to virtually every type of product
Americans use in their everyday life. It would be impossible
to list all the potentially defective products. However, in the past few
years some of the more notable defective product cases have
involved:
defective tires
un-crash worthy automobiles
roll over prone SUVs
drugs with deadly side effects
improperly designed swimming pools
children’s toys with choking hazards
children’s toys with lead paint
heart valve implants with deadly side effects
artificial knees that work loose
machines without safety guards
defective airplane parts
If you are looking for experience, reputation, and professionalism, contact us. The right lawyer can make a difference. Call Wettermark Holland & Keith, LLC.
