The term "personal injury" is a general term encompassing a wide variety of lawsuits. Generally, these cases are based around the tort of "negligence."
The tort of negligence occurs when a person (or corporation) fails to observe a recognized "standard of care" and an injury results.
Generally there are four elements of a negligence lawsuit that all must be proven beyond a preponderance of the evidence, they are:
- Duty: The Defendant had a legal duty requiring him to conduct himself according to a certain standard, so as to avoid unreasonable risk to others. This standard is generally thought of as a "reasonable standard".
- Breach of Duty: The Defendant failed to conform to the duty or reasonable standard as explained above. This element can be thought of as "carelessness."
- Causation: A sufficiently close causal link between defendant's act of negligence and the harm suffered by plaintiff. In other words the defendant's breach caused the harm to the plaintiff.
- Damages: Actual damages suffered by plaintiff, i.e. personal injury, wrongful death, pain and suffering.
Alabama Auto Accidents
If you have been the victim of an auto accident and have suffered due to another driver's negligence, we will use our experience and fight to get you the compensation you deserve. Accidents involving motor vehicles are among the most common causes of serious injury and death in the United States each year. Despite the advancements in technology and significant safety improvements in cars and in the design of roads, automobile accidents remain quite common. In fact, car accident claims and lawsuits are probably the most common type of civil tort case filed by attorneys today and are most commonly filed under a negligence theory as outlined above.
We also protect your rights for product related injuries.
Every year, tens of thousands of people are injured or killed by unsafe or faulty products. This includes defective industrial equipment, faulty medical devices, dangerous pharmaceutical drugs and unsafe motorized equipment. The manufacturers and sellers of these harmful products must be held accountable.
Alabama Product Liability Lawsuits and Damages
Product recalls, prompted by safety concerns, occur all too often in Alabama and across the U.S. These recalls involve a wide range of products. They can involve cars, tires, motorcycles, ATVs, children's toys, pajamas and even the food we eat. The recalls are intended to get unsafe products off the market before they do harm. Unfortunately, the recalls don't come until after serious injuries and losses have already occurred.
The Consumer Product Safety Commission reports that more than 22,000 deaths and 29 million injuries related to consumer products happen each year. Annually, consumer products cause more than $500 billion in deaths, injuries and property loss or damage.
Companies who cause this damage cannot and should not escape without legal liability. The main incentive for companies to increase product safety is to avoid potential liability in product liability lawsuits that provide compensation for the personal injuries sustained from the use of a defective product.
The damages the consumer is entitled to receive may include compensation for medical expenses, lost wages, loss of physical capacity, pain, suffering and mental anguish. Punitive damages are also available in many cases to punish defendants for conduct that demonstrates a reckless or wanton disregard for the safety of the public.
Dangerous or defective products may occur across a wide variety of different industries. These defective products may include familiar brand names. At Alabama Law Services, LLC, we have the legal resources necessary to pursue product liability claims including:
- Automotive defects- Design defects can cause air bag injuries; car fires; defective seat belts; defective car doors; and SUV rollovers.
- Defective tires- Poor materials or manufacturing processes can result in tire blowouts or tire recalls.
- Unsafe baby equipment- Car seats; swings; cribs; and playpens can all present a hazard when not designed properly and with the safety of the infant in mind.
- Mechanical equipment- Conveyor belts; elevators; saws; sanders; lathe machines; boilers; forklifts; bulldozers; valves; and other defective machines and equipment may cause harm if they do not function properly.
- Defective tools- Saws, sanders and lathes can all malfunction and lead to product liability cases.
- Defective safety equipment- Unsafe filtration systems can cause asbestos, silicosis, welding rod claims, and other life-threatening health hazards.
These are just a few examples of the different types of defective products that have harmed consumers in the past in Alabama, and across the U.S. If you have been injured by any product, Alabama Law Services, LLC can help you to hold the manufacturer responsible.
How Does an Alabama Product Liability Claim Work?
When you file an Alabama product liability claim, you are suing the makers or sellers of the defective products. When their product was brought to market, the manufacturers and distributors became legally obligated to provide a well-designed product that was reasonably safe when used as intended. Failure to do so can result in a claim of negligence on the part of the manufacturer.
In some cases, however, a plaintiff in a product liability claim does not have to prove negligence. Instead, a product manufacturer generally may be strictly liable for a defective product. To win a strict liability case, you must demonstrate that:
- The product had an "unreasonably dangerous" defect that caused injury.
- The defect occurred in the product's design, during its manufacture, or during shipping or handling.
- The defect caused injury even though the user was using the product in the way the manufacturer intended it to be used.
- The product that caused damage had not changed "substantially" from its original sales condition.
In addition to strict liability claims and negligence claims, injured victims of defective products can also bring claims for failure to warn or for breach of warranty of fitness, which is damage directly resulting from inadequate product warning.
How Can Alabama Law Services, LLC Can Help You?
When a personal injury or wrongful death lawsuit is filed due to a defective product, anyone in the supply chain may be held responsible for damages. This includes the manufacturer, wholesaler and retailer.
Under Alabama product liability law, it is the injured party's burden to prove that the product was defective. That's why it is important that the product be inspected by one or more qualified experts. They can determine the exact nature of the defect and how the product caused the injury or death.
The first step to take in making your claim for your consumer injury is to ensure the product is not lost or destroyed. If you do not have access to the product, contact Alabama Law Services, LLC immediately. We can take the steps to preserve the product before it is destroyed. If the product is not recovered, the customer may be left with no proof that the product was defective.
Alabama Law Services, LLC can also assist in gathering other evidence necessary to prove your product liability claim, including evidence of the extent of the damages suffered. This evidence can be used to negotiate a settlement out of court or to prove your case in court to recover damages.
In modern society, personal injury lawsuits are used to protect individuals from the negligent acts of manufacturers others on American's highways, in the operating rooms, construction sites, and even on the internet. If you have been injured in an auto accident, please call us today. We are experienced in auto accidents and have helped dozens of clients receive compensation for their injuries. If you need an auto accident attorney, call an experienced auto accident lawyer today. We handle auto accidents in Shelby, Jefferson, Tuscaloosa, Bibb, Chilton and other surrounding counties. So if you have been wronged in any way, come see an auto accident and personal injury attorney at Alabama Law Services, LLC in Helena, Alabama and we'll fight to get you the justice you deserve.
Call 205.419.4414 For The Assistance You Need and The Service You Deserve!