Product liability cases are generally complex, and in some instances, might even take years to get settled in court. If you’re suing a manufacturer or a supplier in Alabama for defective products, you must know certain things about the state laws before approaching a lawyer. Some of them, including the type of defect claims you can make and some typical defenses to your claims, are described in the following sections.
Statute of limitations
An essential term to be aware of is the statute of limitations. It can vary from state to state, and can be defined as the maximum time period since an event, after which you can begin legal proceedings. In some American states, the statute of limitations is only a few months after the discovery of the injury, regardless of the time of the purchase of the product . In Alabama, however, the time limit for filing cases on product liability is one year from the time of occurrence of defect or injury.
Some products can be highly defective, and can cause serious personal injury to you and your family. In line with the injuries caused by the product, the defect claims you can make are classified into three major types, which are:
Marketing defects: When a product can cause unforeseeable dangers to its users, it is known as a marketing defect. Not providing the user with information/warning about the possible dangers of using the product comes under this type of defect.
Manufacturing defects: This is when the quality of your product is below the recommended standard. It can occur due to use of substandard materials or poor workmanship skills.
Design defects: When a product is designed in a way that makes it dangerous to its users, it’s known to be design-defective. It can happen when some essential features or components are omitted during the designing phase of the product.
Typical defenses to the claims you can make
You must ensure that the manufacturer or supplier you’re suing was, in fact, directly responsible for your injury. This must be your foremost concern, because if you don’t correctly identify the party that you want to sue, there’s a high chance that your case will be dismissed in the court.
Secondly, the person/organization you sue can claim that you incorrectly used the product, which might have led to the injury. Another most common defense is that you used the product in an unintended way, leading to your injuries.
Make sure you discuss your case thoroughly with your Alabama lawyer, who can help you firmly establish your claims and give expert guidance on your case.