When you buy a product from the store or online, you hope it meets its expectations. But if it arrives and doesn’t perform as promised in its marketing and injures you, you could have a product liability case.
At Heninger Garrison Davis, LLC, our team of personal injury lawyers in Montgomery, AL, can help you with your product liability claim. We have over 16 years of experience representing clients who have been wronged and injured due to someone’s negligence.
What Kinds of Products Can You Suffer Injuries from?
Any product can be dangerous, but some are more likely to be defective and cause injuries. Here are some of the most common products that could warrant a product liability case:
- Electronics and appliances
- Household products
- Personal care products
- Automotive parts and vehicles
- Medical devices
- Pharmaceutical drugs
- Machinery and equipment
- Safety gear and protective equipment
- Food and beverage products
- Toys and children’s products
Some of the most common defective products have resulted in hefty payouts. And when you work with our team of Montgomery product liability lawyers at Heninger Garrison Davis, LLC, we can help you win a settlement that pays for your losses.
For a free legal consultation with a product liability lawyer serving Montgomery, call us today (205) 326-3336
What Kind of Defects Can Products Have?
There are four kinds of defects that a product can have. Each defect deals with a different aspect of how the product failed to deliver its promised results.
To have a valid Montgomery product liability case, you must prove that your injuries result from the defect and that the product is unreasonably dangerous because of the defect. The four kinds of product defects are:
Design defects refer to flaws or deficiencies in the product’s design that make it unreasonably dangerous for its intended use. These defects exist before the product is manufactured and affect every unit produced. Some potential consequences of design defects include:
- Increased safety risks: Design defects can lead to unsafe product performance, posing hazards to users and potentially causing injuries or accidents.
- Inadequate functionality: Products with design defects may not function as intended or fail to meet user expectations, resulting in dissatisfaction and potential harm.
- Lack of usability: Design defects can make products difficult or confusing, leading to user errors and unintended consequences.
Manufacturing defects occur during production or assembly, resulting in individual units or batches of products that deviate from the intended design. These defects may not be present in all units but affect specific products due to errors or issues during manufacturing. Some key aspects of manufacturing defects include:
- Quality control issues: Manufacturing defects often arise due to lapses in quality control processes, leading to subpar or faulty products reaching the market.
- Variations in product quality: These defects can result in inconsistent product quality, where some units meet the required standards while others do not, posing a risk to consumers.
- Assembly errors: Mistakes during assembly or incorrect installation of components can lead to manufacturing defects, compromising the product’s functionality and safety.
Warning Defects and Marketing Misrepresentation
Warning defects and marketing misrepresentation refer to inadequate warnings, instructions, or misleading information about the product’s use or potential risks. These defects can mislead consumers, leading to improper usage and potential harm. Key considerations regarding warning defects and marketing misrepresentation include:
- Insufficient warnings: Products may lack proper warnings or instructions that alert users to potential hazards or provide guidance on safe usage, leading to accidents or injuries.
- Inadequate safety information: Failure to disclose safety information or risks associated with the product can mislead consumers and expose them to unknown dangers.
- False or misleading claims: Marketing misrepresentation occurs when product information, such as performance claims or benefits, is exaggerated, inaccurate, or deceptive, potentially leading consumers to make uninformed purchasing decisions.
Damages Our Montgomery Product Liability Lawyers Can Help You Recover
After a product the company promised was safe or performed its intended function injures you, we understand that you might feel frustrated and be in pain. You’ve spent money on this product only for it not to work and cost you more in hospital bills and other losses.
Our team will demand the compensation you need to cover treatment for any of the following conditions:
- Fractured bones
- Neck injuries
- Sprained or strained muscles
- Cuts and lacerations
- Facial injuries
- Wrist and hand injuries
Once our team of Montgomery product liability attorneys proves the company’s negligence, you are eligible for compensation such as:
- Medical expenses: You could’ve suffered severe injuries depending on the product that injured you. You can recover medical costs such as emergency room costs, surgeries, medication, and ongoing physical therapy.
- Car repair costs: If the defective product causes damage to your car, we can help you recover the costs and fix your car.
- Emotional distress: Your mental state after being injured by a product you invested in and trusted may suffer. We can help you recover compensation to cover the burden of the anxiety that you may develop.
- Lost wages: If your injuries from the product keep you out of work for an extended period of time, we’ll help you recover compensation for the wage you would’ve been earning.
- Decreased earning capacity: If your injuries are catastrophic and you can’t return to your job or career path, you could lose out on the salary you could be earning. We can help you recover damages to replace your losses.
- Pain and suffering: The pain and loss of independence you experience after a product liability injury can be a burden that’s hard to handle. You can recover monetary compensation to compensate for your suffering.
- Traumatic brain injury damages: If the product caused you to suffer a traumatic brain injury, we can help you recover damages for costs and accommodations you need.
- Spinal cord injury damages: A spinal cord injury is a lifelong injury. We’re ready to help you recover compensation to make your life easy.
Can You File a Class Action Lawsuit for Your Injuries?
Filing a class action lawsuit for injuries depends on various factors, including the nature of the injuries, the number of people affected, and the legal requirements in your jurisdiction. If your case meets these factors you could be eligible to file a class action suit:
- Similar injuries: Class action lawsuits typically involve people who have suffered similar injuries or damages caused by a common defendant or product.
- Numerosity: For a class action to be viable, there usually needs to be a sufficiently large number of affected individuals to justify consolidating the claims into a single lawsuit.
- Common legal issues: The claims of the affected individuals must share common legal issues, such as allegations of negligence, product liability, or breach of contract.
- Class certification: In most jurisdictions, the court must certify the class and determine whether it meets the necessary criteria, including adequacy of representation, commonality of claims, and typicality of injuries.
- Efficiency and fairness: Class actions are often pursued when resolving multiple similar claims together rather than in separate lawsuits is more efficient and fair. It can also provide individuals with limited resources a chance to seek compensation.
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Contact Us After a Product in Montgomery, AL, Has Injured You
Our team at Heninger Garrison Davis, LLC, has recovered $3 billion in settlements for our clients in our years of experience. Our Montgomery, AL, product liability attorneys are ready to help you hold the liable parties responsible for their actions.
Contact us today for an in-person or video consultation to discuss your case.