Defective Product Attorneys Serving Mobile, Baldwin County & Southwest Alabama
Were you injured by a defective product in Mobile, Alabama? The Mobile product liability lawyers at Morris, Andrews, Talmadge & Driggers, LLC can help you pursue justice.
Manufacturers have a legal duty to ensure that the products they make are safe. Unfortunately, companies often cut corners to maximize production and minimize the time it takes to get to market. This can cause devastating and even fatal injuries for consumers.
A defective product attorney at our Mobile law firm can seek fair compensation for you and your family. We are not intimidated by major corporations or insurance companies, and we’re known for securing the largest jury verdict in Alabama’s history. We will fight for you and support you as we explore all of your legal options.
Call Morris, Andrews, Talmadge & Driggers, LLC at 844.654.6228 today for a FREE consultation. Our Mobile product liability lawyers serve clients throughout Alabama.
What To Do After a Defective Product Injury in Mobile, Alabama
If you were injured while using a product and you believe it was defective, you have two important priorities. The first is your health and safety, while the second is protecting your legal rights.
Our product liability attorneys recommend taking these steps right away:
- Seek Medical Attention: Go to the nearest emergency room for treatment of your injuries. Call 911 if you have suffered a catastrophic or life-threatening injury.
- Document Everything: Keep the product and/or its parts in a safe place. You should also look for instructions, warranty cards, and the original packaging.
- Contact a Product Liability Lawyer in Mobile: An experienced attorney can determine if you have a valid claim. Morris, Andrews, Talmadge & Driggers, LLC has extensive experience with dangerous product cases, and we can offer an honest assessment of your legal rights and remedies.
- Attend All Medical Appointments: While our lawyers work on your case, you should focus on getting better. That means keeping all appointments with doctors and other providers. Gaps in treatment may prolong your recovery, not to mention complicate your claim.
- Stay Organized: You might feel overwhelmed by medical bills, notes from doctors, and other documents. We recommend starting a file folder so you can keep all of the paperwork organized. Let us know about any bills or receipts so we can include them among the damages in your case.
You are not alone. The attorneys at Morris, Andrews, Talmadge & Driggers, LLC make themselves available to answer questions and offer guidance. We offer caring legal advocacy intended to give you peace of mind and help you recover from a defective product injury.
How Long Do I Have To File a Product Liability Claim in Alabama?
There is no time to lose if you are injured by an unsafe product. In Alabama, you generally have just 1 year to file a product liability claim (Code of Alabama § 6-5-502). The clock starts running on the date of injury, unless:
- The injury “is latent or by its nature is not discoverable in the exercise of reasonable diligence at the time of its occurrence”, and
- “…is the result of ingestion of or exposure to some toxic or harmful or injury-producing substance, element or particle…over a period of time as opposed to resulting from a sudden and fortuitous trauma”.
If these conditions apply, you have 1 year from the date the injury was discovered, or should have been discovered, to file your claim. Furthermore, claims against the original seller must be filed within 10 years of when the product was first used, regardless of when the injury occurs.
The 1-year limitation period also applies in cases of wrongful death. If your loved one died due to a dangerous product-related injury, our lawyers can help you and your family pursue maximum compensation.
What Qualifies as a Defective Product?
Product liability law protects consumers who have been injured by using a defective product. So what exactly qualifies a product as “defective”?
Any design or manufacturing error that causes harm to the user may be considered a defect. For a product liability claim to succeed, we need to show that the defect made the product unreasonably dangerous.
Types of Product Defects
Several different types of defects can make a product dangerous to use for its intended purpose. These include:
- Design Defects: The design of the product is inherently flawed or dangerous. Multiple items or entire lots of products may pose a risk to consumers if the design is unsafe.
- Manufacturing Errors: Errors while manufacturing the product introduce a defect. These may occur during the construction, assembly, or packaging of products.
- Failure To Warn: The manufacturer may be held liable for injury if the packaging or instructions fail to warn consumers about a known, foreseeable risk.
An investigation into the product’s development may reveal that it underwent insufficient testing. Our Mobile product liability lawyers commonly see this in the pharmaceutical industry, where medications and devices are fast-tracked for approval despite substantial differences to existing drugs and other products.
Common Defective Product Claims We See in Mobile
Nearly any type of product may be classified as defective or dangerous if it causes injury to its users. Examples of defective products that often give rise to legal action include:
- Vehicles & vehicle components/parts
- Medical devices & drugs
- Common household substances (cleaning products, auto supplies, etc.)
- Electrical appliances & accessories
- Cosmetics & hygiene items
- Tools & equipment
- Children’s toys, clothing & other products
Sometimes multiple consumers are injured by the same type of product. Morris, Andrews, Talmadge & Driggers, LLC has experience advocating for individual clients as well as large groups with similar claims. Our experience in mass tort litigation is vital for holding manufacturers accountable nationwide.
What Type of Lawyer Handles Product Liability Claims?
Most product liability attorneys are personal injury lawyers with an emphasis on representing the victims of defective products. At Morris, Andrews, Talmadge & Driggers, LLC, we are committed to helping consumers recover compensation for injuries they sustain due to product defects.
Our firm has obtained numerous multi-million-dollar results for clients in product liability cases.
Do I Need a Mobile Product Liability Lawyer?
Yes, it is generally in your best interest to have a product liability lawyer represent you. These cases are complex, and the defendants are often powerful corporations with in-house legal teams. Unsafe products are a threat to any company’s bottom line and public image, so litigation is likely to be met with aggressive resistance.
When you hire our firm, your rights are protected, and you won’t have to face the defendant(s) on your own. This can mean the difference between a favorable settlement or trial award and getting much less than you deserve.
Notable Verdicts & Settlements
How Morris, Andrews, Talmadge & Driggers, LLC Builds Your Case
Morris, Andrews, Talmadge & Driggers, LLC is recognized as Alabama’s premier personal injury law firm because we fight hard for our clients. Our attorneys have over 130 years of combined experience. This makes us a formidable force in settlement negotiations and the courtroom.
Our success representing clients in product liability claims hinges on a proven process. Steps our Mobile defective product lawyers take when preparing your claim include:
- Identifying who made the product
- Preserving evidence of the defect
- Obtaining evidence of injury and damages, including medical records and bills
- Evaluating medical evidence and assessing the long-term and permanent effects of your injuries
- Hiring experts to inspect the product for defects and establish that the product was unreasonably dangerous
- Calculating the damages you are due
Some of the evidence may be in the hands of the manufacturer and other defendants. Our attorneys can send formal letters to make sure the manufacturer and other parties don’t destroy important evidence.
After all evidence is gathered, we focus on preparing your case and devising a winning strategy. From filing a lawsuit in state or federal court to settlement negotiations, our product liability lawyers in Mobile are committed to obtaining the best possible result for you.
How Is Liability Determined in Defective Product Claims?
Alabama recognizes several theories of liability in dangerous product cases. Product liability claims may be pursued on the following grounds:
Negligence
With negligence-based claims, your lawyer needs to show that (a) the manufacturer breached the duty of care they owe consumers and (b) this breach made the product dangerous.
Examples include:
- Negligent design
- Errors in manufacturing
- Failure to test the safety of the product
- Violations of industry safety standards
We also need to prove that the defect caused your injury, resulting in compensable damages.
Innocent or Negligent Misrepresentation
As consumers, we generally trust that the products being sold to us are safe. Sadly, this is not always the case:
- Innocent misrepresentation occurs when the manufacturer makes representations it believes to be true, but turn out to be false. For example, a space heater that is advertised as safe for 8 hours of continuous use overheats and catches fire after only 4 hours. If the manufacturer had every reason to believe that the 8-hour representation was true, that would be considered innocent misrepresentation.
- Negligent misrepresentation occurs when a manufacturer makes representations without verifying that they are true. For example, informing users that the product can run safely for 8 hours without performing tests to back that up would be negligent misrepresentation.
If you relied on a false or misleading statement about a product and you suffered injury, you may be able to file a defective product claim on the basis of innocent or negligent misrepresentation.
Manufacturer’s Liability Doctrine
The manufacturer’s liability doctrine is a fault-based legal theory established by the Supreme Court of Alabama in the 1970s. It holds manufacturers liable when a product is unreasonably dangerous because the manufacturer failed to exercise reasonable care in its design, production, or distribution.
Alabama Extended Manufacturer’s Liability Doctrine (AEMLD)
Established by the Alabama Supreme Court in Casrell v. Altec Industries, Inc., the AEMLD holds manufacturers liable for “placing an unreasonably dangerous product on the market.” Notably, plaintiffs bringing claims under the AEMLD do not need to prove negligence on the part of the manufacturer. However, plaintiffs do need to show that the product was both defective and dangerous, and this led to their injury.
Breach of Warranty
In Alabama, product liability actions may be brought on the basis of a breach of implied warranty or a breach of oral express warranty:
- An implied warranty is an assumption about the product’s function and safety that a customer could reasonably make, even if the manufacturer doesn’t state it outright.
- An oral express warranty is any verbal guarantee made explicitly by the seller as to the product’s safety or performance.
Our attorneys can collect evidence to (a) show the existence of an implied or oral express warranty and (b) prove that the product did not meet the promises set forth, causing you harm.
What Compensation Can I Recover in a Product Liability Claim?
You may be entitled to substantial compensation for injuries due to a defective product. Morris, Andrews, Talmadge & Driggers, LLC can pursue the following damages on your behalf:
- Medical expenses
- Lost wages
- Damage to your home, vehicle & other personal property
- Household services & medical care
- Future medical expenses
- Loss of future earning capacity
- Pain & suffering
- Disability
- Scarring & disfigurement
- Loss of enjoyment & quality of life
Every case is unique, which is why we recommend consulting a knowledgeable product liability attorney in Mobile, Alabama. Our law firm fights to win your case so you have the money to pay your medical bills, prepare for any challenges ahead, and feel that justice was done in your case.
How Long Does It Take To Settle a Product Liability Lawsuit?
Most product liability claims are resolved through settlement negotiations. This can be a lengthy process, especially when large corporations are involved. We can provide you with a more accurate timeline at your free consultation, but you should expect the process to take a minimum of 3–6 months.
If the case has to go to trial, it may be several years before you have your day in court. During this time, our attorneys will continue trying to negotiate a settlement. We will keep you informed every step of the way and help you make decisions about accepting any offers.
Testimonials From Former Clients
I would highly recommend Cory Driggers. He kept me informed all during my case. I never felt left in the dark. He was always straightforward with me. I can’t express how impressed I was with him.
“I’ve had Joey take care of three separate cases and two for other family members. The service was always great and he was always there to answer my questions no matter how many times I called. Great m …”
Cory and his staff are very professional and make you feel at ease whether it is by phone or in person. My case was solved quickly and very efficiently. Thanks for everything!!
I would highly recommend Cory Driggers. He kept me informed all during my case. I never felt left in the dark. He was always straightforward with me . I can’t express how impressed I was with him.
Cory was absolutely fantastic. He settled my case beyond what I could even imagine. Not only was he very knowledgeable concerning the law, he was available whenever we needed him, Cory was also so kind and courteous to us at all times. During the time since my case ended I have called on Cory several times to ask questions related to situations I have had going on and he has always been available to help me. I would recommend Cory without a second thought to any friend, family member, co-worker or acquaintance.
“I was pleased with their work and the outcome of my case.”
The staff handled my case in a prompt and professional manner. They returned my calls in a timely fashion and was always prepared to answer any questions. Furthermore, Attorney Driggers is a Christian man and first class professional. I am certainly happy that i was represented by this Law Firm.
I would recommend Mr. Driggers to anybody needing legal help him and his staff first of all are very nice to you and act like they are very understanding to your needs. He talked to me on the phone like he knew me all my life and that really mattered to me. When we had our hearing he treated me like he had already met me and he hadn’t, I just really loved him and have already been telling people about him and his office.
Love, love, love these people! When no one out there seems to care, let me tell you that this group right here will fight tooth and nail for you.
Joey (and his team) was extremely helpful in a time when we did not know what to do. His professional approach gave us assurance while he settled our case.
Hired Joseph Morris to handle my car accident and he did a great job at handling the case and explained the process as the case went. I would highly recommend him.
“Our family is so thankful for Mark, Dan and their entire team. Every step of the way they made sure we were comfortable and understood every aspect of our case. It was apparent that our interest was …”
Attorney Driggers and his team did a wonderful job with my case. They were professional and pleasant. They were patient with me and answered all my questions. They addressed all my concerns from the first conversation to the last. I would highly recommend him to anyone needing an attorney.
Cory Driggers represented my daughter following an car accident. He showed real genuine care for her and the case. He and his staff worked to get all of the medical bills gathered and also to get them decreased. Cory kept us updated and contacted my daughter when decisions needed to be made. Ultimately, Cory got what my daughter deserved for her injuries and my daughter was completely satisfied. I would recommend Cory to anyone that is looking for a good Christian attorney. Thanks Cory for your help!
Mr.Driggers is a wonderful Lawyer that knows the law, he helped me when I had no idea in my situation where to start and what to do, he worked with me hands on and got the best results for me in my case. It was a privilege to get to know him as my lawyer and a friend. If you need legal representation call him you will be satisfied.
“Never in a million years did I believe that these attorneys would do everything possible to seek justice.”
Our Mobile Product Liability Lawyers Are Ready To Help
Have you purchased a product that caused you or a loved one to be injured or develop an illness? The team at Morris, Andrews, Talmadge & Driggers, LLC can be your advocates in the fight for justice.
Our dedication to representing the victims of corporate negligence and greed is unmatched. We have recovered millions of dollars in compensation for clients in past product liability claims. This storied experience helps us build a strong case, holding the manufacturer and any other parties accountable and securing the recovery you deserve.
Schedule a FREE case review with a product liability lawyer in Mobile by calling 844.654.6228 or filling out our online form today. We serve injured people throughout Alabama, Georgia, and Florida.
