What Should I Do If I’m Injured by a Dangerous Product?
If you’re injured by a defective or dangerous product in Alabama, the most important steps are to seek immediate medical attention, preserve the product, document everything, and contact a skilled Alabama product liability attorney as soon as possible.
Every year, thousands of consumers are harmed by unsafe products—from faulty electronics and contaminated food to defective car parts and unsafe medical devices. Alabama law gives you the right to seek compensation when a product fails to meet safety expectations and causes harm.
Here’s a clear breakdown of what you should do after an injury caused by a dangerous product in Alabama:
1. Get Medical Attention Immediately
Your health is always the top priority.
- Seek care immediately, even if your injury seems minor. Some injuries—like internal damage or chemical exposure—can worsen over time.
- Keep all medical records related to the injury, including diagnoses, prescriptions, treatment plans, hospital stays, and invoices. These documents will be key evidence in your claim.
2. Preserve the Product and Gather Evidence
To pursue a product liability case, preserving the product in its post-incident condition is critical.
- Do NOT alter, repair, or discard the product. Store it in a safe place.
- Take clear, detailed photographs and videos of the product, your injuries, and the surrounding environment where the incident occurred.
- Save all related documents: purchase receipts, instruction manuals, warranty cards, emails, and product packaging.
- If there were witnesses, write down their names and contact information. Their testimony could be helpful later.
3. Report the Incident
- Notify the retailer and manufacturer of the product about the incident and your injuries. This creates an official paper trail.
- If the product is part of a recall, your report may help prevent injuries to others.
- Check databases like the CPSC.gov to see if your product has been previously recalled or flagged for safety issues.
4. Know Your Rights Under Alabama Product Liability Law
Alabama product liability laws are designed to hold manufacturers, distributors, and retailers accountable for dangerous or defective products.
The Alabama Extended Manufacturer’s Liability Doctrine (AEMLD)
This law allows injured consumers to seek compensation without having to prove the manufacturer was negligent. Instead, you must show:
- The product was defective and unreasonably dangerous.
- The defect existed when it left the manufacturer’s control.
- You were using the product in a reasonably foreseeable way.
- The defect directly caused your injury.
Types of Product Defects
Your claim may involve:
- Design Defects – flaws in the product’s blueprint or intended design.
- Manufacturing Defects – mistakes during production that make the product unsafe.
- Failure to Warn – inadequate instructions or warnings about known risks.
Potential Compensation
You may be entitled to recover damages for:
- Medical expenses (past and future)
- Lost wages or reduced earning capacity
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
- In wrongful death cases: punitive damages may apply under Alabama law.
Statute of Limitations in Alabama
- You have two years from the date of injury to file a product liability lawsuit.
- If the injury was not immediately discoverable, Alabama’s “discovery rule” allows one year from the date you knew or should have known about the injury.
- Product liability claims must also be filed within 10 years of the product’s first use—regardless of when the injury occurred. (Source: Ala. Code § 6-5-502)
5. Contact an Experienced Alabama Product Liability Attorney
Product liability cases are often complex and aggressively defended by manufacturers and insurance companies. Having a knowledgeable attorney on your side can make all the difference.
An attorney will:
- Evaluate the strength of your case
- Coordinate expert analysis of the product
- Negotiate with insurers on your behalf
- File all necessary legal paperwork and meet important deadlines
- Advocate for maximum compensation, whether through settlement or trial
Let Drake Injury Lawyers Help You Seek Justice
At Drake Injury Lawyers, we have a strong track record of helping injured clients across Alabama hold manufacturers and sellers accountable for dangerous products. Our Birmingham product liability lawyers understand the stress and uncertainty that come with unexpected injuries—and we’re here to help.
If you or a loved one has been injured by a defective product, don’t wait. Contact us today for a free, confidential consultation. We’ll walk you through your legal options, answer your questions, and fight to get you the compensation you deserve.