Product Liability

Huntsville Product Liability Lawyer

Fighting for you after a defective product caused your injury

Every day of your life you use and interact with so many different products and you never give them a single thought because they are working the way they are supposed to be working. But sometimes a product has a defect that causes you harm, so you notice that one for sure. Product manufacturers owe a duty of care to their consumers to produce products that are safe, and that will work as advertised. If you have sustained a serious injury because of a defective product, you may have grounds for a defective product lawsuit.

The trusted Huntsville product liability lawyers at Martin & Helms are here to protect your right to recover compensation after a defective product caused your injury. We offer a free initial consultation where you can discuss your case with our legal team. You will not pay attorney fees unless we recover compensation for you. Call us today so we can help you win.

Product defects that create liability

When a product malfunctions and causes an injury because it is defective, there are three general categories for the different types of product defects:

Design defect: Defective product claims for design defects are products where what makes the product defective is in the product’s design. An example is the infamous Ford Pinto, whose design flaw was its strap on the fuel tank located in the rear of the vehicle making it susceptible to fire in low to moderate speed collisions. (The Center for Auto Safety)

Manufacturing defect: In manufacturing defect cases, the flaw is in how the product is made or built. A manufacturing detail might be caused by using defective materials, such as a pharmaceutical drug which was contaminated with a carcinogenic substance.

Marketing defect: A marketing defect is also called a failure to warn defect. It occurs when the manufacturer fails to provide an adequate warning label, or instructions on how to use the product safely.

Your experienced Huntsville product liability lawyer will review your case and determine under which category your case belongs. Knowing the difference between the different possible types of claims helps you feel more informed about the facts of your case.

Different types of defective products that caused injuries and fatalities

From your toothbrush to your clothing to the car you drive to work, you interact with products all day long. The following are some examples of products that have caused harm to consumers:

Defective automotive equipment

  • Defective airbags
  • Faulty brakes
  • Seat back failure
  • Seat belt failure
  • Unintentional acceleration
  • Defective tires
  • Defective child safety seats
  • SUV rollovers

Defective medical devices

  • Pacemakers
  • Breast implants
  • Metal on metal artificial hip replacements
  • Hernia mesh
  • IVC filters
  • Pain pumps
  • Surgical robots
  • Power morcellators
  • Implanted defibrillators
  • Intrauterine contraceptive devices (IUDs)

Toxic Household Chemicals

Dangerous drugs

  • Zofran
  • Effexor
  • Invokana
  • Januvia
  • Testosterone therapy
  • Valturna
  • Talcum powder

Defective guns

  • Sturm, Ruger & Company's Old Model Single Action Revolver
  • Excam Derringer
  • Lorcin pistols
  • Remington model 700 bolt-action rifles
  • Glock pistols

Defective home appliances

  • Faulty CO alarms
  • Faulty space heaters
  • Defective fire alarms
  • Exploding washing machines and water heaters
  • Defective power tools
  • Defective yard maintenance equipment
  • Toxic household products

Defective Consumer Products

What are you required to prove in a defective product case?

In a defective product case, the plaintiff has the burden of proof to show how the product was defective. The plaintiff must provide evidence to show that:

  1. The defendant manufactures a product that the plaintiff uses
  2. The defendant is the commercial seller of such a product
  3. The plaintiff suffers an injury
  4. When the defendant manufactured the item for sale, the item was defective
  5. The defect was an actual and proximate cause of the plaintiff's injury

(Legal Information Institute)

How might a Huntsville product liability lawyer be helpful to my injury case?

Product liability cases can present a challenge to pursue. Take for example, a defective drug injury case. The plaintiff must draw a direct line of causation between the drug and the disease or injury. This requires working with medical subject matter experts who can interpret your medical records and show the effects of the drug in the plaintiff’s body.

The product liability attorneys at Martin & Helms have helped many other clients before you to prove that their injury was caused by a defective product and recover compensation for them. We help our clients because we know the law, and we understand what it takes to go up against the giant pharmaceutical conglomerates or any other product manufacturer who relentlessly place profit ahead of patient safety. Our product liability lawyers can be helpful by being your advocate. We know the potential value of your case, and we negotiate steadfastly to recover a fair settlement, or we file a lawsuit.

Those huge corporations who make and sell the products you use each day also have a team of attorneys whose mission is to make sure that you recover nothing, or as little as possible. At Martin & Helms, our mission is to fight for you.

What types of damages are available in a defective products case?

If you have been successful in proving liability against the defective product manufacturer and you have received either a settlement or a jury ruled in your favor, there are several different types of damages, which is the financial compensation you could receive including:

  • Medical costs for current, past, and future medical care related to the defective product injury.
  • Lost wages and benefits for the time you missed at work recuperating from your injuries and receiving medical care.
  • Disability/diminished earning capacity for permanent injuries
  • Pain and suffering
  • Emotional distress
  • Loss of consortium
  • Punitive damages where appropriate
  • Other losses

How much does it cost to hire a defective product lawyer?

At the trusted Huntsville personal injury law firm of Martin & Helms, we take defective product injury cases on contingency. This means that instead of paying a hefty retainer before any work gets done on your case, we advance the costs of pursuing your case. You do not pay attorney fees until we have recovered compensation for you.

Defective product cases can be challenging, and they can take a lot of time and they often require the services of a subject matter expert to testify about how the product’s defect was the direct cause of the injury. You can be assured that we will be working hard on your behalf to recover as much compensation as possible for you.

If you or a loved one has sustained a serious injury because of a defective product, we are here to represent your interests and to fight for fair compensation for you.

Schedule a free consultation with a trusted Alabama product liability lawyer

You never expect that a product you have trusted to cause your injury. The experienced Huntsville product liability lawyers at Martin & Helms are here to fight for your right to fair compensation for your injury that was caused by a defective product. You can call us at 256-858-7943 or complete our contact form to schedule a free consultation to discover how we can help you. We also serve injured clients in Decatur, Athens and Madison, and throughout the state.

Huntsville Office

2317 Market Place SW
Suite A
Huntsville, AL 35801

[Directions]

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Areas of Focus

Automotive DefectWorkers’ CompensationWrongful DeathTraumatic Brain Injury
Dangerous DrugsBurn InjuryCar AccidentsConstruction Accidents
Motorcycle AccidentsDefective Medical DeviceFire and Explosion AccidentsPremises Liability
Product LiabilitySlip and FallPersonal InjuryTruck Accidents
Insurance Claims