Never in a million years did I believe that these attorneys would do everything possible to seek justice.
The Alabama product liability lawyers at Morris, Andrews, Talmadge & Driggers, LLC have a proud history of helping people injured by defective and dangerous products get justice. Our firm has a proven track record of success in all types of personal injury claims and has been instrumental in securing some of the largest verdicts in state history. We are here to listen to your story, help you understand your rights and options, and assist you in determining how to move forward with your case.
When you purchase a product – whether it’s a home appliance, a toy for your child, an automobile, or equipment for use on the job – you place your trust in the manufacturer. You assume that the company took reasonable precautions to ensure the product was safe and would not cause harm during the normal course of use. Tragically, when this trust is violated, serious injury is often the consequence.
With over 130 years of collective legal experience, our Alabama product liability lawyers know how to investigate these claims, properly assess damages, and help victims get justice. If you have been injured or a loved one has been killed by a defective product in Dothan or elsewhere in Alabama, call Morris, Andrews, Talmadge & Driggers at 844-654-6228 to schedule a FREE consultation and learn more about your rights and options today.
Cornell Law School defines product liability as “[T]he liability of any or all parties along the chain of manufacture of any product for damage caused by that product.” In other words, when you purchase a product, it should be designed carefully, manufactured appropriately, labeled properly, and sold with sufficient instructions to ensure it is safe to use as intended. When a product is poorly designed, mislabeled, or otherwise made dangerous, the company that manufactured it can be held liable for any damages that result.
Of course, the “chain of manufacture” does not stop at the manufacturer itself. In Alabama, product liability claims can be made against anyone involved in “[T]he manufacture, construction, design, formula, preparation, assembly, installation, testing, warnings, instructions, marketing, packaging, or labeling of a manufactured product.” (See Alabama Code § 6-5-521) This is almost everyone who comes into contact with a product from conception to sales. And each of them may share a portion of the blame.
The more parties involved, the more complex a product liability case will become. Our attorneys are equipped to deal with these complexities. We take every step necessary to identify all contributing parties in our pursuit of fair and full compensation.
To succeed in a product liability claim, it must be shown that an injury was not only caused by a product, but was a direct result of a defect specific to the product. This may include:
Some products are sent to market even before they undergo adequate testing. This is common in the pharmaceutical industry where medications and devices that are similar to existing products can be fast-tracked for FDA approval without clinical trials, even if they are materially different from existing formulas or products. Time and again this has proven dangerous, yet dozens, if not hundreds of products bypass regulation and safety testing through the exploitation of loopholes every year.
In addition to seeking compensation for victims of serious injury, many product liability claims seek to set precedents, change policies, and improve safety measures. In this way, product liability lawsuits are also for the common good.
While any product can be dangerous, product liability lawsuits often involve:
The bottom line is, many products that have been poorly designed, produced, or marketed can cause serious or fatal harm. When a product harms you or someone you love, you may be entitled to seek compensation for any related damages.
Our Alabama product liability lawyers have more than a century of combined experience. If you have been injured and you suspect a defective product played a role, get in touch with us today to schedule your obligation-free case review and learn more about your rights.
Common defective product injuries include:
When you suffer a serious, life-altering injury from a defective product, you may be surprised by how quickly insurance companies step in to offer a settlement. Remember though, if you accept an offer from an insurance company, you will not be able to file a lawsuit.
Even if an insurance offer seems sufficient, it is always a good idea to discuss your claim with a qualified product liability attorney to make sure you are not taking less than your claim is actually worth.
Every product liability claim is different. Factors that are unique to each situation determine how much a claim is worth. However, while the amount of damages can vary substantially, there are commonalities in the types of damages typically sought in these claims.
The three types of damages that may be pursued in a product liability claim are:
The state of Alabama does not cap the amount of compensation you can receive for general and special damages. Our product liability lawyers have secured hundreds of thousands for victims of defective products. We are here to review your claim free of cost to help you determine what it may be worth.
Alabama does cap punitive damages in personal injury claims. Per Alabama Code § 6-11-21, ‘[I]in all civil actions where an entitlement to punitive damages shall have been established under applicable laws, no award of punitive damages shall exceed three times the compensatory damages of the party claiming punitive damages or five hundred thousand dollars ($500,000), whichever is greater.” This amount is further diminished when the claim is against a small business.
When you suffer an injury from a defective product, you have a right to seek compensation. When that injury is the result of malicious or wanton behavior, you have the right to hold the responsible party to full account and to seek punitive damages up to the state maximum.
Never in a million years did I believe that these attorneys would do everything possible to seek justice.
I was pleased with their work and the outcome of my case.
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I’ve had Joey take care of three separate cases and two for other family members. The service was always great and he was always there to answer my questions no matter how many times I called. Great m …
Hired Joseph Morris to handle my car accident and he did a great job at handling the case and explained the process as the case went. I would highly recommend him.
It is not enough to prove that a product was dangerous by design, poorly manufactured, or improperly sold to establish liability in a defective product claim. It must also be shown that you suffered a serious injury as a direct result.
Determining if an injury was the result of a defective product may require a team of legal, medical, and industrial experts working together to explore possible causes. The product liability lawyers at Morris, Andrews, Talmadge & Driggers have the experience and resources necessary to thoroughly investigate these claims. We are here to carefully examine the cause of your injury, identify all liable parties, and help you determine if you have cause to file suit.
Some product liability cases are one-offs involving products that have not caused mass harm. Others, like defective airbags, dangerous medications, and faulty medical equipment have resulted in well-known class action claims. Some of these have even led to changes in policy that help to improve safety standards and consumer protections.
Our attorneys have experience building cases to address both individual and public concerns. We can discuss your claim’s potential to impact change during your complimentary case review.
A recall is an attempt to prevent further damage from a product that has already been identified as dangerous. It is not a shield against liability for damages already done – or even against those that have yet to occur.
It does not matter if the product that caused your injury has been recalled by the manufacturer. If you have been injured, you may be entitled to compensation. The best way to find out is through a one-on-one consultation at our Dothan office.
You have two years from the date of your injury to file a product liability claim in Alabama. (See Alabama Code § 6-2-38).
Are there exceptions to Alabama’s statute of limitations? Yes, but they are rare. Under almost all circumstances, your right to seek compensation through legal action expires after two years.
When you are dealing with the extreme consequences of a serious injury, two years can pass in the blink of an eye. It is always a good idea to speak with an attorney as quickly as possible after an accident to help protect your right to seek compensation through legal action.
Victims of defective products in Alabama may be entitled to seek compensation through a product liability claim even if they were not the item’s original owner. Whereas warranties are not always transferable, a company’s legal responsibility to ensure its products are safe does not expire when an item changes hands.
We are here to review your claim and provide you with information about all of your options. Call us to schedule a risk-free consultation and learn more.
Very few personal injury claims go to trial. This is largely true for product liability claims as well, though some of these are class action or mass tort cases, which do require a trial. However, if your claim involves you alone, there is only a three to four percent chance it will go to trial.
Negotiations are faster, sometimes shaving years off of the process, and can result in significant compensation. They may not, however, always result in as much compensation as a jury trial. According to the Insurance Information Institute, the average compensation for a product liability claim that goes to trial is just over $7 million, with a median of $3,908,111. This represents the largest average and median jury awards for personal injury claims across the board, though it includes mass tort and class action verdicts as well, which are much larger than individual settlement amounts.
Our product liability lawyers take time to craft each case, ensuring they are ready for any outcome. Several of our attorneys have been recognized by Super Lawyers and awarded a spot on the National Trial Lawyers Association’s list of the Top 100 Trial Lawyers in the country. Experienced, dedicated, and effective, we will stand by your side and fight tirelessly for your rights no matter the course your claim requires.
Product liability attorneys are typically paid a percentage of the final settlement, but it is important to understand a firm’s fee schedule and payment expectations before you hire their attorneys to represent you. Your initial consultation should always be FREE of cost and commitment, enabling you to meet with as many lawyers as needed until you find one that instills confidence.
The lawyers at Morris, Andrews, Talmadge & Driggers work on a contingency basis. Simply put, this means we don’t get paid if we don’t win. However, court fees and legal costs unrelated to representation may still be your responsibility, even if you do not secure compensation.
We are committed to being honest and upfront with our clients at all times. We will outline our fees during your initial consultation to make sure you fully understand what our contingency structure does and does not cover.
When you suffer harm from a product, no matter if it’s a medication, electronic device, household appliance, or something else entirely, you have every right to speak to an attorney for more information about your options. Our award-winning defective product lawyers welcome the opportunity to meet with you, listen to your story, and help you determine if filing a product liability claim is the best choice for your needs.
Please contact Morris, Andrews, Talmadge & Driggers online or by calling 844-654-6228 to schedule your FREE case review at our Dothan or Mobile office today. Based in Alabama, many of our attorneys are also licensed to practice law in Florida and Georgia, and welcome clients from those states as well.
To preserve crucial evidence that you can use to justify your claim, you should:
Although some product liability cases are straightforward, many can be particularly complex because there may be multiple parties involved.
Also, the severity of injuries sustained by the plaintiff, the type of products involved, and the chain of product custody issues mean you need only experienced product liability attorneys to represent and fight for your interests. Therefore, here’s what you need to look for:
When choosing the right product liability attorney, you should apply the same due diligence that you would when choosing a specialist medical professional. This can make a difference in your monetary compensation.
There are primarily six groups of entities that can be held liable in a product liability claim. These include:
These entities are duty-bound to ensure that users, passengers, bystanders, and anyone who has some sort of contact with their products are reasonably safe. In many instances, it’s often difficult to find the right responsible party.
For instance, if a plaintiff is harmed by a private label product they bought from a supplier overseas who in turn, bought the product from a wholesale or generic product manufacturer, it can be difficult to find the right person to hold responsible.
This is where your lawyer and their investigative resources come in. With their help, they can identify the “chain of liability” and find the best person or entity to hold responsible for your injuries or losses.
Because product liability claims are usually complicated, it’s best to have an experienced attorney handle the entire process. To show you how complex these cases can be, product liability lawsuits are typically filed under one of the following categories (otherwise referred to as theories of liability):
As you can see, only an experienced attorney will know under which category to file your claim.
However, there’s something you can do:
Once you have all these, give them to your attorney, who will identify the liable parties, gather more evidence, and file your injury claim before the statute of limitations runs out.
Although there’s no precise formula for calculating product liability claim damages, most lawyers take the following into consideration:
How much monetary compensation you’ll receive depends on the severity of your injuries, whether there are temporary or permanent disabilities, whether there are lifelong trauma, and many more. Of course, all cases are unique, but the Insurance Information Institute estimates that the average payout in product liability claims is just over $3.9 million.
The easiest way to do this is to do a quick Google search for the product name followed by the word “recall”. For example, “CPAP machine recall”. Then, click the “News” tab on the search engine to get all the information. Also, visit the manufacturer’s website and look for information on the product’s recall.
Establishing causation is basically proving that using the product in the designated manner directly caused the claimant’s injuries and losses. To establish causation, your lawyer will seek to prove three things:
The “but for” element plays a vital role in establishing causation; i.e. the lawyer must show that “but for’ the use of the product, you wouldn’t have sustained the injuries or suffered the losses you did.
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