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Products Liability Lawyers
The Helmsing Leach products liability team has broad and deep experience defending product liability suits and claims in Alabama and many other states. Collectively, our product liability lawyers have more than 150 years of experience representing the world’s leading manufacturers, distributors, retailers, component part suppliers, testing facilities, individuals and others in product liability lawsuits brought under Alabama’s product liability law—the Alabama Extended Manufacturers Liability Doctrine (“AEMLD”). Our experience encompasses other causes of action, including negligence, wantonness, breach of warranty, and fraud, in state and federal courts throughout Alabama and beyond.
What is Product Liability?
At its core, product liability encapsulates the legal accountability imposed on manufacturers, distributors, suppliers, and retailers for injuries or damages resulting from defective or hazardous products. These defects can manifest in diverse forms, ranging from design flaws and manufacturing errors to inadequate warnings or instructions.
Top Product Liability Law Firm in Mobile, AL
Helmsing Leach’s product liability defense lawyers represent manufacturers and distributors of airplanes, appliances, boats, chemicals, drugs and medical devices, engines, industrial equipment and machines, metals, oil-field equipment, saws, power tools, and many other products in high-stakes product liability lawsuits for alleged product defects resulting in personal injury. Such cases include mass tort, multi-district and class action litigation.
Success Stories
Because our product liability law firm also has one of Alabama’s most active medical malpractice defense groups, our teams bring extensive knowledge of medical and scientific experts, procedures, literature, and issues to our product liability engagements. Our success is reflected in the firm’s challenges to the admissibility of expert testimony in many cases. In addition, we have substantial experience pursuing and defending product liability subrogation and indemnity claims.
- Won summary judgment in a wrongful death case involving an alleged defect in a component of a fire extinguisher
- Won summary judgment for testing company in products and premises liability case involving severe burn injuries
- Won summary judgments and voluntary dismissals by plaintiffs for over-the-counter drug makers in several Alabama cases
- Before the filing of answer, our firm obtained voluntary dismissal of a wrongful death case arising out of a boating accident in Geneva County, Alabama
- Have represented a leading marine outboard engine manufacturer for 20 years in product liability, warranty, and negligence
- Defended regional distributors and local retailers in a series of Alabama product liability cases, obtaining the dismissal of all claims and cases
- Won dismissal of chemical manufacturer in toxic tort wrongful death case in Wilcox County, Alabama
- Achieved favorable resolution in wrongful death case arising out of death of a two-year-old child in Sumter County, Alabama
Proven Record of Success in Product Liability Defense
There are several defenses to product liability, including unforeseeable use, assumption of risk, and contributory negligence. Often another factor besides the product itself can cause an injury. It is crucial to hire an attorney who is knowledgeable of these defenses to work on such claims.
With our deep knowledge of Alabama’s legal system and precedent-setting product liability law cases, Helmsing Leach is well-equipped to protect the interests of our clients and achieve favorable outcomes in product liability disputes.
Question & Answer
What qualifies as grounds for a product liability lawsuit?
Alleging that a product is dangerous, defective or did not perform in a manner reasonably expected by the purchaser can be grounds for a product liability lawsuit in Alabama. This means that if a product poses an unreasonable risk of harm due to its design, manufacturing process, or lack of adequate warnings, it could be the basis for a product liability claim.
Who can be held responsible for a defective product?
In the state of Alabama, various parties can be held responsible for a defective product, including the manufacturer, supplier, and seller. Manufacturers are typically the primary target of product liability claims because they design and produce the product. However, suppliers and sellers can also be held liable if they play a role in distributing or selling the defective product.
Is there a statute of limitations on a product liability claim in Alabama?
The state imposes a two-year statute of limitations for all tort claims, including those related to product liability. This means that individuals who have suffered harm or injury due to a defective product must file their claim within two years from the date the injury occurred or was discovered, otherwise, they may lose their right to pursue compensation through legal action.
What compensation can be sought in a successful product liability claim in Alabama?
In Alabama, individuals who prevail in product liability claims may be entitled to various types of compensation for their injuries and losses. This can include medical expenses, lost wages, pain and suffering, emotional distress, and in some cases, punitive damages designed to punish the defendant for particularly egregious conduct. The amount of compensation awarded can vary depending on factors such as the severity of the injuries, the degree of negligence or wrongdoing on the part of the defendant, and the impact of the injuries on the individual’s life.
How does the legal process work in Alabama for product liability law cases?
In Alabama, the legal process for product liability cases typically begins with the filing of a complaint by the plaintiff, alleging that a defective product caused harm. The defendant then responds to the allegations, and both parties exchange relevant information and evidence related to the case. This may include documents, depositions, and expert witness testimony. The parties may attempt to resolve the case through settlement negotiations or alternative dispute resolution methods.
If a settlement cannot be reached, the case proceeds to trial. The outcome of the trial determines whether the defendant is liable for the alleged harm and, if so, the extent of damages awarded to the plaintiff. Appeals may be filed if either party is dissatisfied with the trial verdict.
Can Helmsing Leach help with out-of-court settlements?
Yes, Helmsing Leach can assist clients with out-of-court settlements in product liability cases. Settlements offer an alternative to trial litigation and can provide a more efficient and cost-effective resolution for all parties involved.
Helmsing Leach’s product liability attorneys have extensive experience in negotiating settlements on behalf of clients, using their legal expertise and negotiation skills to achieve favorable outcomes. By engaging in settlement negotiations, clients can avoid the uncertainty and expense of trial litigation while still obtaining a satisfactory resolution to their product liability dispute.