Under changes in the Alabama laws, consumers are no longer able to file a lawsuit against any party except the manufacturer for a product’s liability case. These changes took place in 2011 and protect retailers, dealerships, and other distributors of these products. The laws under the closed box ruling indicate that the manufacturer is the only liable party in these proceedings.
Filing a Product’s Liability Claim
The new product’s liability laws impose the Daubert standard. This indicates that all victims must acquire testimony from a witness with adequate credentials to perform testing of the product. This individual must perform a scientific analysis of the product and identify flaws in the design or the assembled product caused the victim’s injuries. The victim must secure an additional witness to show how the victim’s injuries are conducive with the use of the product in question.
Identifying the Manufacturer
Victims may not identify the distributor or reseller as the manufacturer if the manufacturer is unknown. They must conduct research to identify the manufacturer of the product before filing a claim. Any cases in which the manufacturer isn’t identified correctly could be dismissed. If the victim cannot identify the manufacturer of the product, they are encouraged to contact a Defective Product Attorney in Tuscaloosa County AL to assist them in these efforts.
Reasonable Duty to Consumers
It is the duty of all manufacturers to provide safe products for consumers. In any instance in which the design possesses a flaw that is a risk to the public, the manufacturer is required make the necessary changes. During an investigation of the product if it is discovered that the manufacturer failed to correct a known flaw in the design, they are liable under Alabama laws.
Victims of product’s liabilities must adhere to strict guidelines for filing a formal claim. This requires them to submit all evidence for their case with the initial claim. This includes scientific and medical documentation to support their claim against the identified manufacturer. To begin a claim, victims should contact a Defective Product Attorney in Tuscaloosa County AL directly or visit website for further information about these proceedings.
