Stand Up To Businesses Distributing Defective Products
Businesses have a responsibility to ensure that the products they make and sell are safe. When they fail to fulfill this responsibility and put a defective or dangerous product in the hands of consumers, they may be held accountable for any injuries caused.
Be aware that manufacturers and retailers will fight back against serious injury claims. They want to protect their reputations, so they may not simply accept responsibility. That is why you need an experienced lawyer to serve as your advocate.
At the Law Offices of Clark, James, Hanlin & Hunt, in Birmingham, Alabama, our team has been standing up to big businesses for over 25 years. While we recognize that these are often strong, resourceful and wealthy opponents, we do not back down.
What Do You Need To Prove In Your Claim?
Strict liability is the name of a legal theory that often comes into play in products liability claims. This theory states that the victim does not need to prove that the business that made the product was negligent. These are the elements that must be proven:
- The product was defective or unreasonably dangerous.
- The product left the manufacturer in defective or unreasonably dangerous condition.
- The product was commercially available.
- The defective or unreasonably dangerous element of the product caused the injury.
While strict liability applies to the manufacturer, a claim may also be filed against the retailer, distributor or another party if that party was negligent in its handling of the product.
These cases often involve complex technical issues. When appropriate, we bring in engineers and other experts who can help us strengthen our case. While many of these claims are resolved through negotiation, our attorneys take care to prepare for trial in case the product manufacturer or another party is not willing to play fair and offer full compensation.