Product liability claims built around defective products offer victims several different approaches including design defects, manufacturing defects and warning defects (incorrect labeling). This post will discuss manufacturing defects and how victims in Alabama can pursue and find a successful legal solution.
It is important for injury victims to understand that the best path to a winning claim involves seeking guidance from an experienced injury attorney. This is the best way to know that you can stand up to any challenges posed by the manufacturer of the product that harmed you.
A manufacturing defect can occur in many ways. In an automated factory, for example, a defect in a piece of equipment could cause the equipment to suddenly stop working and somehow injure someone working the assembly line.
These types of personal injury claims can be difficult to prove. Victims and their legal counsel must gather any evidence that might help support their case — which is why attorneys often recommend that injury victims seek legal assistance right away. An attorney familiar with product liability claims knows what kind of evidence to preserve. For example, a key piece of evidence is the defective product itself (assuming it survived the incident that caused the injury).
Even without that kind of evidence, however, a claim is not impossible. Ask your attorney if the “malfunction doctrine” applies to your case. The concept behind this doctrine involves eliminating other reasons for the incident.
For example, in a car accident, if you can eliminate any external reason for the crash (impaired driving, speeding, etc.), you may be able to build a successful claim based on the malfunction doctrine. By eliminating other causes, your legal counsel can argue that a defective auto part must have caused the accident. This doctrine exists to help those dealing with a personal injury find other roads to a successful products liability claim when there are problems with a lack of clear evidence.