PRACTICE areas
Product Liability
Product Liability Lawyer in Birmingham, AL
People buy and use various products daily, including medication, automobiles, machinery, seat belts, stoves, and kitchen appliances. As a consumer, you expect any product to be safe, predictable, and to function correctly, but this is not always the case; defective products are everywhere.
Product manufacturers and sellers have a duty to provide a reasonably safe product when used for its intended or other foreseeable purposes. If they don’t, and you or a loved one gets hurt by the latest toy rocket or BBQ grill, you may be legally entitled to compensation—and the guilty party should be held liable. A product liability attorney familiar with Alabama’s product liability laws can help you today.
What Constitutes Product Liability?
The term “product liability litigation” is a descriptive category encompassing several different legal processes. These processes allow victims to file claims for compensation after using a dangerous or defective product that results in them sustaining a personal injury, a wrongful death, or property damage to any possessions other than the product itself (for example, a house fire from a defective clothes dryer).
Product liability claims against manufacturers can involve proving negligence (a failure to exercise reasonable care) or wantonness (a conscious disregard of the risk of likely injury), under the strict liability of Alabama Extended Manufacturer’s Liability Doctrine, and for breach of express or implied product warranties.
Product liability claims can be divided into three general categories based on the type of hazard or defect:
A product’s design is generally considered defective when the hazard posed by the product could have been reduced or avoided by adopting a safer, practical alternative design. Design defects arise during the product’s design phase and are intrinsic to the product concept.
A product has manufacturing defects when, despite being safe in design, it becomes hazardous due to some unintended flaw or condition arising from an error in the manufacturing process, including the choice of materials used to make the product..
Manufacturing errors differ from design flaws since they occur during production and result in deviations from the intended design.
Marketing defect cases address a product’s labeling and advertising failure to include proper warnings, directions, and instructions that would allow the product to be used safely and to avoid injury. Such cases are also often called “failure to warn” cases.
Moreover, marketing-related defects can concern more than a mere lack of warning labels; it also involves deceptive or untruthful advertising (hence the term “marketing”). In most cases like these, products are advertised online and on TV with hyperbolic claims or even straight-up lies about their abilities; this gives shoppers unrealistic hope about the product they’ll receive and its quality, and ultimately delivers a disappointing and regretful waste of money. Such practices damage the bond of trust between brand and consumer, and can also result in serious injury.
To avoid marketing defects, product manufacturers must disclose instructions and information adequately to maintain integrity and transparency in advertisements and promote trust between consumers and manufacturers.
Why Choose Glenda Cochran Associates?
For over three decades, Glenda Cochran Associates have been relentless advocates for clients with injuries caused by defective products, securing substantial compensation for many severely injured accident victims in the Birmingham area.
Our track record speaks volumes, with millions of dollars recovered on behalf of our clients. With a deep understanding of product liability law and a commitment to justice, we stand ready to fight for your rights and hold negligent parties accountable. Whether you’ve suffered personal injuries or lost a loved one due to a faulty product, our experienced team is here to provide the legal support and guidance you need.
If you believe you have grounds for a product liability claim, don’t hesitate to contact us. Time is of the essence in these cases, and prompt legal action can be crucial to protecting your rights and securing fair compensation. Contact us today to discuss your case with a dedicated attorney who will tirelessly advocate for you.
We’ve been defending Product Liability victims for 30 years
“They will take on the biggest and the richest companies in America if they are wrong. Those companies will do anything to try to make her go away. [Glenda Cochran and Associates] know all the laws and what they can do with them.
My wife and I stuck with them through many very difficult times over several years, and we have become very close friends and nearly family. I am more than happy with our case’s outcome and am looking forward to the future.
To anyone who needs help and advice: Glenda and Matt are the very best.”
-Hugh D.
“Highly skilled and competent lawyers. Kind and truly care about their clients. Highly recommend!”
-Cather M.
Types of Product Liability Cases We Handle
Virtually any product can contain a hazardous design, manufacturing flaw, or marketing defect that can cause a significant risk of serious injury, death, or substantial property damage. Products that have been found to contain such defects include:
- Automobiles, trucks, boats, recreational vehicles, and motorcycles
- Parts or components of automobiles (tires, brakes, etc.)
- Products associated with motor vehicle safety (seat belts, airbags, and helmets)
- Pharmaceuticals
- Pesticides
- Building materials
- Stoves, grills, and other appliances
- Furniture and household goods
- Cleaning products
- Electrical equipment and components
- Industrial equipment and machinery
- Pacemakers and other medical devices
- Sports equipment
- Fireworks
- Lighters
- Propane tanks
- Children’s Toy/Toys
- Food
- Telephone poles
The law imposes limitations on the time you have to sue after there has been an injury, death, or property damage caused by a defective product. Reach out to us as soon as possible if you have an injury caused by a product with a marketing, manufacturing, or design defect. We’ve been product liability attorneys for over 30 years, and many know us as the best lawyers in this area!
Defective Vehicle or Auto Product Liability Lawyer
The automobile industry often experiences all three types of product defects—design, marketing, and manufacturing defects.
Although our team is well-versed in all kinds of product liability litigation, we have been exceptional proficiency in auto product liability cases. We have filed claims and served product liability lawsuits against auto manufacturers with an extensive track record of winning and satisfying our clients’ goals and needs for justice and compensation.
Learn more about our experience working on auto product liability lawsuits for individual clients and multi-client class actions by exploring our media gallery.
We can assist clients in many kinds of product liability claims and lawsuits against automobile manufacturers. Here are just a few scenarios where we can represent clients in an auto product liability claim (or lawsuit, but a jury verdict is not always necessary):
- Defective tire and tread separation
- Defective vehicle automobile accident
- Airbag fails to deploy or starts to tear during car accidents
- Defective airbags deploy when they’re not supposed to because you aren’t in an auto accident
- Several vehicles like yours have been recalled
- Defective auto parts
- Seat belt snapping
- Steering defects
- Defective parts
- Roof crush due to a lack of proper electronic stability control
We can assist clients in many kinds of product liability claims and lawsuits against automobile manufacturers. Here are just a few scenarios where we can represent clients in an auto product liability claim (or lawsuit, but a jury verdict is not always necessary):
Contact us today or fill out the contact form at the bottom of this page to schedule your free consultation and begin your journey to victory.
Product Liability FAQsProduct Liability FAQsProduct Liability FAQs
A plaintiff injured by a defective product may be able to recover damages covering past and future medical expenses, past and future lost wages, damage to other property, as well as damages to compensate for pain, suffering, lost enjoyment, and worsened quality of life due to the harm caused. In cases where product or auto manufacturers are reckless or otherwise egregious, the injured plaintiff may also recover punitive damages meant to punish the defendant and to deter similar wrongs in the future to protect consumers.
Where a defective product results in serious injuries or wrongful death, under Alabama law, all damages are punitive in nature, and they are based on the guilt of the defendant’s conduct or how “bad” it is, not on the economic losses of the injured person.
In Alabama, the statute of limitations on product liability claims is only two years from the injury, death, or property damage. Do not delay contacting a product liability attorney like Glenda Cochran to seek compensation if a defective product has injured you, your spouse, or your children.