Birmingham Unsafe Baby/Children’s Product Lawyers
If there’s one thing that should always be safe, it’s a product made for a child. Raising your child is hard enough without worrying that a toy will harm them.
These kinds of products should not contain any defects or toxic materials. Unfortunately, some manufacturers remain negligent in their design and manufacturing processes. They should perform rigorous safety testing that uncovers any issues — but they often cut corners. If these companies sell dangerous products to children and infants, they could be held liable for the harm they cause.
If your child sustained an injury or illness from a defective product, Farris, Riley & Pitt, LLP can assist you in pursuing financial compensation from the manufacturer or supplier.
At Farris, Riley & Pitt, LLP, we have more than 20 years of experience representing clients in product liability cases. Dangerous children’s products are unfortunately not uncommon, and they can cause significant injuries and even death.
We believe in holding these irresponsible companies accountable for their actions. When you hire us, we will use all the resources at our disposal to win the maximum compensation you deserve. Call us at (205) 324-1212 for a free consultation and find out how our Birmingham defective product lawyers can help your family move forward.
Establishing Liability in an Unsafe Baby and Children’s Products Case
Product liability refers to any legal action brought by an individual for the injury, death, or property damage caused by a product’s design, construction, manufacturing, assembly, testing, preparation, installation, instructions, marketing, warnings, packaging, or labeling.
This action can be based on at least one of the following:
- Manufacturer liability doctrine
- Alabama extended manufacturer liability doctrine
- Negligent or innocent misrepresentation
- Breach of implied warranty
- Breach of oral express warranty
You can use one of the following legal theories as a basis of your case when you’re preparing to file an insurance claim or lawsuit:
Negligence is the failure of one party to provide a reasonable degree of care to another to avoid causing injury. Five elements must exist to use this legal theory:
- Duty – The at-fault party owed your child a duty of care
- Breach of duty – They breached their duty
- Cause in fact – If it weren’t for their failure, your child would not have gotten hurt
- Proximate cause – Their failure and nothing else caused your child’s injury
- Damages – There were actual losses as a result of the breach of duty
Strict liability means the product contained an unreasonably dangerous defect that caused injury while the consumer was using it as intended.
Breach of warranty refers to a product that does not meet specific standards or work as promised by the manufacturer. There are two types of warranties:
- Express warranty – A verbal or written guarantee that a product will meet quality and reliability standards
- Implied warranty – A guarantee that a product will work as intended
Types of Defects
Three major defects could cause injury, illness, or death:
- Design defects refer to a product that is inherently dangerous to the consumer due to a flaw in the design
- Manufacturing defects result from an error during the construction, manufacturing, assembly, or installation of the product
- Marketing defects occur when the manufacturer fails to warn users of the potential dangers of the product
Determining Financial Responsibility in a Product Liability Case
If your child got hurt or sick from a dangerous product, you could potentially seek compensation from multiple parties. It will depend on the circumstances of the injury and what type of defect caused it.
- Manufacturing Company — Manufacturers are responsible for designing, manufacturing, and marketing products. They must ensure they follow procedures and don’t cause any damage. They also have to test the products for safety and check for hazards that could injure someone. If there is a defect during any of these processes, they would be liable for the harm your child suffered.
- Retailer — Although retailers are not involved in the manufacturing process, they must sell products that are safe for consumers to use. That means they have to store and handle products so they don’t become damaged or altered in any way. If they provide someone a product that causes injury, they could be responsible for the victim’s resulting expenses.
- Wholesaler — A wholesaler is a middleman between a manufacturer and a retailer. They don’t manufacture or sell products but must ensure they supply safe products from the manufacturer to the retailer. If they don’t store and transport products safely, defects could occur, which lead to injuries and fatalities.
Common Injuries Suffered From Unsafe Baby and Children’s Products
Anything from a pacifier to a swing set could cause severe injuries that require medical attention. There are many injuries that could occur from a dangerous product. Some contain small parts that could lead to choking. Others use toxic materials that could cause an illness.
The most common injuries that dangerous baby and children products cause are:
- Traumatic brain injury
- Broken bones
- Exposure to hazardous materials
- Crush injuries
- Vision or hearing loss
- Organ failure
Farris, Riley & Pitt, LLP understands the devastation of discovering that your child used a dangerous and defective product. When they get hurt or sick, it’s emotionally draining. It can upend your whole life and lead to expensive medical bills.
You want to protect your child and ensure their safety. However, the company that made or sold the product was negligent and should be held accountable. Our Birmingham dangerous baby/children’s product lawyers will fight hard to recover the maximum compensation you need to help your child heal.
Damages Available in a Product Liability Case
You are entitled to monetary damages after a dangerous product causes harm to your child. Damages are the losses a victim and their family suffers after an injury. Whether you file an insurance claim or lawsuit, you can seek the following damages:
- Medical bills
- Lost wages
- Lost earning capacity
- Out-of-pocket expenses
- Property damage
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
Insurance companies have a reputation for being unfair to claimants. They want to save as much money as possible, which means they will look for any reason to deny your claim or provide a low settlement offer. Farris, Riley & Pitt, LLP knows the tactics they use and will ensure they don’t take advantage of you. We know you need monetary damages to pay for your child’s medical care and associated costs. When we’re reviewing your case, we might consider some of the factors below to determine a fair settlement amount:
- Type and severity of the injury or illness
- Duration of medical treatment
- Whether they recovered or ended up with permanent impairment or disability
- Total expenses incurred
- Impact of the injury or illness on quality of life
- Estimated future cost of necessary medical care
- Time missed from work to care for the child
Filing a Civil Lawsuit for Monetary Damages
Lawsuits require strict deadlines and procedures. The deadline to sue someone for compensation of damages is called a statute of limitations. In Alabama, the statute of limitations for product liability is two years. That means you have two years from the date of your child’s injury to file a lawsuit. If the deadline passes, you will likely lose your right to a financial award in the civil court system.
Farris, Riley & Pitt, LLP has decades of experience handling lawsuits for clients in Birmingham and throughout Alabama. We will complete each step of the process so you can focus on your child’s medical treatment and recovery. One of the most crucial aspects of a lawsuit is evidence. We will collect sufficient proof of your infant or child’s injuries from the defective product and present it to the jury and judge at trial.
Many product liability cases settle before ever getting to court. But if the insurance company denies your claim or refuses to provide a fair settlement amount, that’s when it’s necessary to move forward with a lawsuit.
Our Birmingham dangerous baby/children’s product lawyers will work diligently to prove that the manufacturer, retailer, or another party’s negligence led to your child’s injury.
Seek Justice for Your Child With Farris, Riley & Pitt, LLP
Since starting our law firm in 1997, we’ve recovered more than $200 million for our clients. We believe in providing the residents of our community compassionate, dependable, and affordable legal services. When you hire us, you won’t have to worry about paying upfront fees or costs. We don’t collect any legal fees unless we win.
Our legal team won’t allow negligent parties to get away with what they’ve done. Your child deserves justice for the suffering they endured. We will use our experience, resources, and knowledge of product liability laws to ensure the insurance company pays what you deserve. If they refuse, we will aggressively pursue compensation in court.
If your baby or child suffered injuries from a dangerous product, call Farris, Riley & Pitt, LLP at (205) 324-1212 to schedule your free consultation. One of our Birmingham unsafe baby/children’s product lawyers will review your case to determine the available legal options.