Dedicated Mobile Personal Injury Attorney for Defective Product Injury Claims
It is reasonable to expect that products we buy off the shelf at our local stores have been designed, manufactured and tested with quality control measures to make sure they are safe before being offered for sale. Yet all too often products are made available that are dangerously defective, and too many times the danger is not made known to the public until one or more persons have been seriously injured or killed. One need only look at the dozens of recalls initiated daily by the Consumer Product Safety Commission, the FDA and other agencies to get an idea of how big this problem really is. When major corporations and automobile manufacturers decide that saving a few cents to maximize profits is more important than protecting public safety, the legal team at the Law Office of Gary W. Fillingim, L.L.C. stands up to take those corporations head-on and hold them accountable for the suffering and misery they have caused. Attorney Gary Fillingim and his staff help people in Mobile and Baldwin County who have been harmed due to a product which was defectively designed, defectively manufactured, or failed to warn the public about possible dangers.
One way that products may be considered defective is when there is a defect in their design. For instance, an iron or space heater may not be designed with an automatic shutoff, creating the risk of burns or fires. Power tools may be designed without an automatic shutoff or the appropriate safety guards to prevent serious injury. Even automobiles may be defectively designed, so that they roll over too easily in an automobile accident, or explode on impact because the car was designed with the fuel line running too closely to electrical lines. When a product is defectively designed, all units manufactured carry that defect, creating a risk of thousands of serious injuries.
Defects in manufacture may occur because workers are untrained or improperly supervised, because substandard materials are used, or due to a breakdown in manufacturing machinery. A product that is defectively manufactured may fail at a critical moment, causing serious injury or death. Examples include automobiles with defective tires or brakes, or roofs that crush in a rollover. Consumer products like lawnmowers or power saws that fail may seize up or eject dangerous parts, causing severe injury or worse. Depending on the cause of the defect, a manufacturing defect may affect only one unit or an entire line of products.
Failure to Warn
Manufacturers also have a duty to make sure products and product packaging contain easy to understand instructions about their safe use, along with clear warnings about any dangers or risks that come with using the product. For instance, household cleaners and chemical solvents should warn of the need to use the product in a well-ventilated area, or with the use of gloves, masks or goggles as necessary. A failure to warn can make the manufacturer liable for accidents which result from the use of the product, including the product’s intended use as well as any other foreseeable uses.
Manufacturers may be held strictly liable for defective product injuries
There are many legal theories that may apply to a defective product claim, including negligence and breach of warranty. One legal theory, known as strict products liability, holds manufacturers strictly liable for product defects. Strict liability means that it is not necessary to prove that the manufacturer was negligent, but only that a product was defective when it left the manufacturer, was not substantially altered before it was sold, and the product defect caused an injury. Nevertheless, defective product cases are often among the most complex and hard-fought types of personal injury cases. The Law Office of Gary W. Fillingim, L.L.C. has the knowledge, experience, resources and dedication to pursue litigation against defective product makers and hold them accountable to the people they have harmed.
Experienced Legal Representation for Mobile Defective Product Cases
If you or a loved one has been hurt by the use of a defective product, call the Law Office of Gary W. Fillingim for a free consultation at 251-445-7257. We help people in communities throughout Mobile and Baldwin counties and all along the Alabama Gulf Coast, and we would be happy to visit with you about your potential claims.