Consumers trust manufacturers to create and distribute products that are safe and effective for use inside and outside the home, school or workplace. Unfortunately, in an effort to save money and increase profit, many manufacturing companies have failed to meet expectations and consumers are seriously injured or killed.

If you or a family member has suffered serious injury due to a dangerous or defective product, it is important to consult with an experienced lawyer. At Marsh, Rickard & Bryan, we work on behalf of our clients to protect their rights and to obtain compensation for their injuries and losses. Contact our firm to discuss your legal options in a product liability case.

Improving Public Safety

At Marsh, Rickard & Bryan, our lawyers work to make manufacturers responsible to cover the costs of injuries. Further, we push for the development of safer designs and better quality control. Over the years, we have built a solid record of success handling cases involving:

• Automobile and truck crashworthiness
• Defective seat belts, roofs, seatbacks and gas tanks
• Tire blowouts
• Dangerous drugs
• Defective medical devices, including surgical shafts and biopsy tools
• Heating blankets and other electrical devices

Though you may be reticent to pursue a defective products lawsuit, by doing so you are protecting others from having to experience the same pain. Tragically, many manufacturers do not take measures to protect consumers without the incentive of avoiding significant payouts to victims and their families.

Because of product liability actions, government regulations have been enacted to further protect members of society. The safer products and improved consumer warnings today are a direct result of past defective products lawsuits.

Benefiting Product Liability Lawsuits

Nowhere is the use of technology more important than in cases involving defective products. By using visual presentation methods such as “Sanction” and “Case Map” in litigation, our products liability attorneys are able to help juries understand what went wrong in the design or manufacture of complex products.

If you or a loved one has suffered as a result of a product that failed, trust the products liability attorneys at Marsh, Rickard & Bryan, to fight for you. Contact our firm to put our experienced team and technology to work for you.

Understanding Product Liability and Your Rights

If you or a loved one has suffered an injury related to a defective or dangerous product, our Birmingham, AL product liability lawyer may be able to help you receive compensation. In the modern marketplace, consumers place their trust in manufacturers, expecting that the products they use daily are safe and adhere to standard regulations. However, sometimes that trust is breached, and defective or dangerous products make their way to consumers, leading to potential injuries or harm. In such cases, the law provides avenues for redress through product liability claims.

Contact Marsh, Rickard & Bryan, LLC today to schedule an appointment and find out how we can help you with your case.

The Role of a Product Liability Lawyer

Product liability law is intricate and multifaceted. It encompasses various elements, from manufacturing defects to inadequate warning labels, and even design flaws. Navigating this legal landscape requires specialized experience. A Birmingham product liability lawyer possesses in-depth knowledge of these regulations and leverages this experience to advocate for the rights of injured consumers.

Choosing the right lawyer can significantly impact the outcome of a product liability claim. Experienced attorneys understand the nuances of the law, from gathering the necessary evidence to countering the defense strategies of large corporations. At the heart of this intricate process is the understanding that behind every claim lies a person whose life has been altered due to a faulty product. A good lawyer cares about their client and their case and will fight passionately to protect their rights and help them recover from an injury.

The Importance of Timely Action

The aftermath of an injury caused by a defective product can be overwhelming. Medical bills might start piling up, and the emotional distress can be taxing. Amidst this turmoil, it’s crucial to remember that there’s a window of opportunity to take legal action. Statutes of limitations set strict timelines for filing a product liability claim. Therefore, reaching out to a product liability lawyer promptly can be pivotal in safeguarding your rights and ensuring that crucial evidence remains intact. Retaining representation early on also allows your lawyer to begin investigating your injury, gathering evidence, and building the best possible case for you from the beginning.

Pursuing Representation in Product Liability Claims

When you choose to work with a Birmingham product liability lawyer you’re not just getting legal representation; you’re gaining allies dedicated to ensuring justice is served. Our firm has a rich history of representing individuals who’ve been affected by defective products, and we understand the unique challenges that arise in these situations. Our team of lawyers is committed to providing a comprehensive approach, ensuring that every aspect of your claim is addressed and you’re kept informed at each step.

We understand that making the decision to pursue legal action can be daunting. However, when you or a loved one has been harmed by a product that should have been safe, seeking justice becomes not only a personal imperative but also a way to prevent similar incidents from happening to others.

Let us guide you through this journey. Our dedication, coupled with our vast experience in product liability law, ensures that your case will be handled with the utmost care and professionalism. Take control of your future and protect your rights. Contact Marsh, Rickard & Bryan, LLC today and take an important step on your path to recovery.

Defenses A Defense Lawyer May Use In A Product Liability Case

Product liability cases arise when a consumer is injured or harmed by a defective product. Manufacturers, distributors, and sellers can face legal action for these injuries, but they often employ various defenses to challenge or mitigate liability. Experienced plaintiffs attorneys, like the Birmingham product liability lawyers at Marsh | Rickard | Bryan, LLC, have faced many defenses from the other side, and we know how to counter them.

Here are some common defenses used in these cases:

1. Assumption of Risk: Defendants may argue that the plaintiff voluntarily assumed the risk of using the product, knowing its potential dangers.
2. Product Misuse: Defense attorneys may claim that the injury occurred because the plaintiff used the product in a way not intended or contemplated by the manufacturer or in a manner contrary to warnings or instructions provided.
3. Contributory Negligence: Defendants may argue that the plaintiff’s own negligence contributed to the injury.
4. State-of-the-Art Defense: Manufacturers may argue that the product was state-of-the-art at the time of manufacture, meaning it met all applicable safety standards and was not defective by the standards of the time.
5. Lack of Causation: Defendants may dispute that the alleged defect in the product directly caused the plaintiff’s injury. They might argue that other factors or pre-existing conditions were the actual cause of harm.
6. Failure to Warn: Manufacturers may argue that they provided adequate warnings or instructions about potential risks associated with the product’s use, and the plaintiff’s injury resulted from disregarding these warnings.
7. Product Alteration: If the product was altered or modified after leaving the defendant’s control and the alteration contributed to the injury, defendants may argue that they are not responsible for the modified product’s safety.
8. Bulk Supplier Defense: Suppliers of raw materials or component parts used in the manufacture of a product may argue they are not liable for defects in the final product if they provided the materials or parts in compliance with specifications.
9. State of Knowledge: Manufacturers may argue that scientific or technical knowledge available at the time of manufacturing did not indicate the potential danger associated with the product, thus absolving them of liability.

Do You Need Help After Being Harmed By A Faulty Consumer Product?

Birmingham product liability lawyers must anticipate these defenses and prepare arguments to counter them, while defendants must assess the applicability and strength of these defenses to build their case effectively.

Your claim is too important to trust with a lawyer who does not understand the complexities of proving liability against a large company. Turn to the team at Marsh | Rickard | Bryan, LLC – we understand all the claims that the defense may put forward and have the skill and knowledge to contest any type of defense. Call today for a free consultation.

Types Of Product Defects That May Be Pursued

When consumers purchase products, they have a reasonable expectation of safety and quality. However, defective products can cause serious harm or injury. If you’ve been injured due to a product defect, understanding the different types of defects can help you assess your legal options.

Here’s an overview of the types of product defect cases that our firm typically handles. If you have been hurt due to one of these common defects, please contact Marsh | Rickard | Bryan, LLC, today to learn about your legal options.

Design Defects

Design defects occur when a product is inherently unsafe due to its design. These defects are present in every unit of the product, regardless of how it was manufactured. A design defect makes the product unreasonably dangerous for its intended use. Examples include a car with a faulty airbag system that fails to deploy in an accident or a toy that children can swallow and choke on. Proving a design defect typically involves demonstrating that the product’s design is flawed and that a safer design alternative was available.

Manufacturing Defects

Unlike design defects, manufacturing defects affect only a specific batch or unit of the product. These defects can arise from errors in assembly, inadequate quality control, or the use of substandard materials. For instance, a batch of toasters with faulty wiring that causes electrical fires or a car with defective brakes due to improper assembly are examples of manufacturing defects.

Marketing Defects (Failure To Warn)

Marketing defects, also known as failure to warn, involve inadequate instructions or warnings provided with the product. Manufacturers and distributors are required to give clear and adequate warnings about potential risks associated with their products, as well as instructions for safe use. A marketing defect occurs when a product lacks proper warnings or instructions, leading consumers to use it in an unsafe manner. For example, a medication that lacks warnings about potential side effects or a power tool that doesn’t include safety instructions can be deemed defective.

Packaging Defects

Packaging defects involve issues with the product’s packaging that can cause harm or make the product unsafe. This includes defective seals, containers, or labels that lead to contamination, exposure to hazards, or misuse of the product. For example, if a food product’s packaging is compromised, leading to contamination and food poisoning, it can be considered a packaging defect.

Failure To Provide Adequate Instructions

Sometimes, a product is not inherently defective, but it lacks proper instructions for safe use, which can lead to accidents or injuries. This can be considered a type of marketing defect. For instance, a complex piece of machinery that lacks clear assembly or operational instructions can result in user injury. Demonstrating this type of defect involves showing that the lack of instructions or guidance contributed to the unsafe use of the product.

Do You Need Help With A Product Defect Settlement?

Whether the defect is related to design, manufacturing, marketing, packaging, or a breach of warranty, a skilled product liability lawyer can help you identify the nature of the defect, gather evidence, and pursue the compensation you deserve. If you believe you’ve been harmed by a defective product, contact Marsh | Rickard | Bryan, LLC, today for a free consultation.

Alabama Defective Products FAQs

Defective products can cause serious injuries, leaving individuals with medical expenses and other unexpected costs. If you have been injured by a defective product, our Alabama defective products lawyers can help you pursue compensation. Our firm has been assisting clients for nearly 30 years in Alabama, and we are prepared to use our knowledge and experience to help you recover compensation for your injuries. Product liability laws exist to protect consumers and hold manufacturers accountable. Contact Marsh | Rickard | Bryan, LLC today to schedule your free consultation and begin your path to recovery today.

What Constitutes A Defective Product?

A defective product is an item that poses an unreasonable risk due to its design, manufacturing process, or lack of proper warnings. Design defects occur when a product is unreasonably dangerous due to the way the product was designed, while manufacturing defects happen when an error during production makes a product unreasonably dangerous. Inadequate warnings or instructions can also make a product defective if they fail to adequately inform consumers about certain risks.

Who Can Be Held Liable For An Injury Caused By A Defective Product?

Multiple parties may potentially be responsible for injuries caused by a defective product. The manufacturer is often the first entity considered in these cases. However, liability can also sometimes extend to distributors, suppliers, and retailers. Determining liability depends on the specific circumstances of the case and requires an in-depth review of how the product reached the market. Our Alabama defective products lawyer will help you investigate your case in order to determine the full scope of liability.

What Damages Can I Recover In A Product Liability Case?

Victims of defective product injuries may recover compensation for various losses. These can include medical bills, rehabilitation costs, lost wages, loss of enjoyment of life, pain and suffering, and others. In some cases, punitive damages may be awarded. The total amount of compensation depends on the severity of the injury and the impact on the victim’s life. By discussing your injuries and losses with our attorney, you can determine the full extent of compensation that you may be eligible for.

What Should I Do After A Defective Product Injury?

Taking immediate action after an injury caused by a defective product can help strengthen your legal claim and increase your chances of recovery. Seeking medical attention should be the first priority, even if injuries seem minor. Keeping the product in its current condition, along with any packaging and receipts, can serve as important evidence. Documenting injuries, gathering witness statements, and consulting with a legal professional can also help the case.

Is There A Statute Of Limitations For A Defective Products Claim?

Yes, there is a time limit for filing a defective product claim. In Alabama, victims generally have two years from the date of injury to take legal action. Failing to file within this period may result in losing the right to seek compensation. Exceptions may apply in certain cases, making it important to discuss timelines with our Alabama defective products lawyer as soon as possible.

Contact Our Alabama Defective Product Lawyers Today

Holding manufacturers and sellers accountable for defective products is important for consumer safety. Our team is here to help you pursue a claim against companies responsible for unsafe products. If you or a loved one has been injured, contact Marsh | Rickard | Bryan, LLC today to schedule a consultation.