Product Liability Lawyer in Montgomery Alabama
Aggressive Alabama attorney argues your claim for products liability
Parties at every step of the chain of production owe a duty to others to produce safe products. The final product must be in a form that is safe for its intended use. Packaging must contain adequate labels and safety warnings. If the finished product is unsafe and causes injury, the injured party is entitled to compensation from the designer, the manufacturer, a component parts manufacturer, distributor and/or a retailer, depending upon the circumstances.
At one time Chip represented insurance companies and products manufacturers defending cases, but for years now he has been solely representing injured persons against these companies. He knows the ropes and he knows what makes insurance companies and product manufacturers tick. He knows what they consider when deciding whether to pay money in a case. This knowledge gives him a tremendous leg up when handling your case. His only focus is aggressive advocacy of your claim, so you are compensated for your injuries. Born and raised in Montgomery, Mr. Nix is an alum of both Auburn and Alabama. He takes your matter seriously and provides you with personal attention.
Assistance for a variety of faulty product-related injuries
Faulty products cause harm by not performing as intended. A skilled products liability attorney can assist when you are harmed by a defective product. Products liability cases arise from a variety of circumstances:
- Manufacturing defects. Products that are not manufactured properly — such as with subpar materials or poor workmanship — can cause harm. When corners are cut, people get hurt. The use of expert witnesses is typically necessary when proving a product is defective. Our office coordinates with witnesses and learns from their expertise in the area at issue. When reviewing your case, we look at all factors and present them in your favor to the Court.
- Failure to warn. Many products are required to have a warning label to ensure their safe use. The most glaring example in recent history of warning labels involved the tobacco industry. The argument was made that the labels on cigarette packaging failed to adequately warn of the risk of cancer. As a result, the tobacco companies settled a massive products liability suit with each state’s attorney general. The result: The industry has now put stringent guidelines in place for warnings on packages.
What to do when you are hurt by a defective product
If you believe an injury you suffered is caused by a defective product, do not dispose of the product. Keep it in a safe place away from other items and document its condition through photos. This step is necessary to preserve the evidence that will help bolster your personal injury claim. Remember, products liability issues arise in many areas of everyday life, including:
- Manufacturing defects in products such as home appliances or tools
- Products with inadequate safety and use warning labels
- Cars, trucks, motorcycles and boats with defective and malfunctioning parts such as airbags, seats, tires, helmets and other vehicle components
- Defective medical devices, prescription or over-the-counter drugs that cause adverse side effects and pharmaceuticals that cause birth injuries
You have two years to bring your action for compensation for a personal injury suffered from the use of a faulty product. However, there are many important steps to take to secure your case after your injury. You should discuss the case with me as soon as possible because efforts must be made to put the product maker and others on notice of the claim. That can be a time consuming situation because not only is the manufacturer a likely defendant but also the designer of the product, the distributor of the product and the retailer of the product. The case must be investigated by your lawyer as soon as possible after the injury so notice can be provided to the defendants.
Residents who are injured or killed in Alabama have a unique hurdle to clear in proving their defective product case. Alabama limits the damages you can collect in some cases under the state’s contributory negligence standard.
The defense will try and prove you contributed in some way to the events that caused your injury. In other words, you should not have bought that bottle rocket that exploded in your hand; you should not have used that playground equipment if you were underage; you asked the doctor for the medical device that hurt you. When it comes to product liability, this may be a stretch. After all, nobody asks to be hurt.
Under the Alabama statute, you will not collect recovery if the damage only occurs to the product, not a person or their property. The defense will be trying to determine if you acted fraudulently, maliciously, or with a disregard for the safety of others to prevent any recovery.
Plan a meeting with an experienced products liability attorney
Chip Nix, Attorney at Law offers free initial consultations and will visit you in a medical facility at your request. Your call is returned the same day to ensure your case is given the attention it deserves. With flexible hours to meet your needs, call the office at 334-279-7770 or contact us online.