Frequently Asked Questions (FAQs) on Defective Products
The product liability attorneys at Jinks, Crow & Dickson have decades of experience protecting the rights of people throughout the country who have been harmed by dangerous products. If you have been injured or a loved one has been killed by a product that you think could have been defective, take a look at these frequently asked questions regarding defective product lawsuits and product liability claims. Then, contact us today for a free initial consultation.
1. What is considered a defective product?
A product is considered defective in a variety of ways. It could be defective in its design or in its manufacturing. It could also be considered defective if there is not an adequate warning of its inherent dangers. Working with leading industry experts, our product liability lawyers at Jinks, Crow & Dickson can quickly evaluate whether there is a claim for a defective product lawsuit.
2. Who is responsible for a defective product?
Depending on the defective product, a claim may be made against the designer, the manufacturer, the importer, any modifier, and even the seller or distributor. Working with leading industry experts, our product liability attorneys at Jinks, Crow & Dickson can quickly evaluate who may be responsible for a defective product.
3. Can I sue for a defective product?
There are a variety of claims that may exist for a defective product, including negligence, breach of warranty, and strict liability through Alabama’s extended manufacturer’s liability doctrine (AEMLD). In Georgia, manufacturers can be held liable under strict liability for product defect theories and that strict liability applies to manufacturing defects, design defects, and inadequate warnings. Our product liability lawyers at Jinks, Crow & Dickson regularly analyze and evaluate product liability claims. We can give you a quick and dependable answer.
4. What is product liability?
Product liability generally describes the liability which may exist for the design or manufacture of a defective product or its warnings or the failure to warn of a dangerous or defective condition.
5. How to prove product liability?
Under Alabama’s extended manufacturer’s liability doctrine, you must prove that a product had a defect that made it unreasonably dangerous and that such defect caused personal injury or property damage as a result. You must also prove that the product reached the end-user without substantial alteration or sue the entity that altered the product. Georgia’s product liability law is a little different but has many similar requirements. In short, under Georgia law, you must prove that:
The defective product injured the consumer.
The product was unreasonably dangerous at the time of design, manufacturing, or selling.
The defective product reached the consumer without changes to the product as intended and expected of the seller.
The product was used in a foreseeable way.
The product wasn’t altered significantly.
Our product liability attorneys at Jinks, Crow & Dickson are highly skilled at proving product liability on a wide range of different products, including consumer products, pharmaceuticals, medical devices, farming equipment, industrial equipment, construction equipment, and many more.
6. What does product liability for medical devices mean?
As with any other product or good, the same liability may exist for the manufacturer of defective medical devices. If the medical device is defective in its design or manufacture, then liability can exist for whoever may be responsible, whether it’s the designer or the manufacturer. If the product’s dangerous condition would require a warning, then the seller and distributor of the product may also have some liability. Product liability for medical devices is much more difficult to prove given the approval process that so many go through before reaching the market. But it is quite possible. And the damages which may be caused by a defective medical device can be catastrophic. Our defective medical device lawyers at Jinks, Crow & Dickson are experienced in dealing with defective medical devices.
7. How does product liability and negligence work?
Negligence has a part in many types of personal injury cases. Product liability cases may involve negligence but also may impose what the law refers to as “strict liability,” which is a different standard than negligence. Alabama’s extended manufacturer’s liability doctrine (AEMLD) is a strict liability doctrine. Under the AEMLD, one must prove that that the product reached the end-user without substantial alteration, and that he or she suffered injury or property damage due to the product's defective condition which made the product unreasonably dangerous. The court may also consider whether the product meets the reasonable expectations of an ordinary consumer with respect to its safety.
8. What do I do about product liability without injury?
Injury or damages are a necessary element in a product liability claim or defective product lawsuit. Just because an injury hasn’t yet manifest itself or isn’t readily apparent does not mean that legally no injury has occurred. This is a complicated analysis. However, our product liability lawyers at Jinks, Crow & Dickson are highly skilled in analyzing whether a claim for damages or injury may exist with respect to a defective product, even when it has not yet occurred.
9. What is the statute of limitations with a defective product lawsuit or product liability claim?
Time is of the essence in any personal injury or death claim. Evidence disappears. Memories fade. The sooner someone can investigate, the better. With that being said, generally, in Alabama or Georgia, you have two years from the date that the injury, death, or property damage occurred to bring a defective product lawsuit which was its cause. However, in some limited circumstances, you may have one year from the time that they discovered or should have discovered the injury or damages to make the claim. Our defective product attorneys at Jinks, Crow & Dickson can quickly evaluate a case to determine whether a lawsuit will be timely, and they can quickly file a lawsuit if that time is close to running.
10. Who can file a defective product case?
The person who was injured must file the defective product lawsuit for the damages suffered as a result of the defective product. If the person harmed is a minor, a parent or guardian may be able to file the action. If the defective product caused a death, the procedures for pursuing a wrongful death action will be followed.