What Are Your Legal Rights If Injured by a Defective Product?
May 13, 2025
When you purchase a product in Dothan, Alabama, you expect it to meet certain safety and reliability standards. After all, you rely on these products to improve your life or perform specific tasks.
However, when a product is defective, it can cause serious harm—physical injuries, financial hardship, and emotional stress. Reese & Reese Attorneys, P.C. is here to help you seek justice for any personal injury you’ve suffered.
These accidents aren’t just minor inconveniences but may lead to long-term consequences, such as chronic pain, disabilities, and ongoing medical treatments. In these situations, it's vital to understand your legal rights and the steps you can take to hold manufacturers accountable.
Personal injury claims can help victims recover compensation for medical bills, lost wages, and other damages. Whether the injury is caused by a faulty design, poor manufacturing process, or a failure to warn about potential risks, victims have legal avenues to pursue justice.
Keep reading to learn about the different types of product defects, the process of filing a claim, and how to overcome the legal intricacies involved in seeking damages. Knowing your options can significantly impact your ability to recover both physically and financially.
Types of Product Defects That Lead to Personal Injury
In legal terms, a "defective product" refers to any product that poses a risk to the user due to a flaw in its design, manufacturing, or marketing. Product defects are typically categorized into three main types.
Design Defects
These occur when a product is inherently dangerous due to its design, even if it’s manufactured correctly. An example might be a car model that has a history of rollovers because of a design flaw in its stability. Design defects can affect large numbers of products, leading to mass recalls and widespread harm.
Manufacturing Defects
Manufacturing defects happen during the production process, causing a product to deviate from its intended design. For example, a batch of toys might have been produced with small parts that aren’t securely attached, posing a choking hazard. These defects are often isolated to specific units or batches.
Marketing Defects (Failure to Warn)
Marketing defects are related to how a product is labeled or advertised. If a product is sold without adequate warnings regarding potential risks or proper usage, this could lead to injuries. For example, if a medication is sold without clear warnings about potential side effects, it may cause harm to consumers.
Each type of defect can lead to a personal injury claim if the defect directly results in an injury. Understanding the type of defect involved in your case is crucial in determining the responsible parties and the viability of a claim.
Proving Liability in a Defective Product Case
To successfully pursue a personal injury claim for injuries caused by a defective product, it’s essential to prove that the defect directly caused your injury. This can be a complicated process, as manufacturers and sellers often deny responsibility for injuries and argue that the user’s actions were the primary cause. Here’s what you need to prove.
Defect existed: You must demonstrate that the product was defective, whether due to its design, manufacturing process, or a failure to warn.
Injury caused by the defect: You must show that the defect directly caused your injury. This often requires medical records, expert testimony, and evidence of how the defect contributed to the harm.
Proof of ownership and use: You must establish that you were using the product in the manner intended when the injury occurred.
In cases of design and manufacturing defects, the manufacturer or seller can be held strictly liable, meaning you don’t have to prove negligence — only that the product was defectively designed or manufactured.
Legal Theories Behind Defective Product Claims
When pursuing a personal injury claim for injuries caused by a defective product, several legal theories can be used to establish a manufacturer’s or seller’s liability. In defective product cases, there are typically three primary legal theories under which you can seek compensation.
Strict liability
Under strict liability, you don’t have to prove that the manufacturer or seller was negligent, only that the product was defectively designed, manufactured, or marketed, and that the defect caused your injury. Strict liability is commonly used in cases involving mass-produced products.
Negligence
If you’re pursuing a claim based on negligence, you must prove that the manufacturer or seller was careless in designing, manufacturing, or marketing the product. This theory requires proving that the defendant owed a duty of care to consumers and failed to uphold that duty, resulting in harm.
Breach of Warranty
Breach of warranty occurs when a product fails to meet the terms or guarantees made by the manufacturer or seller. This includes both express warranties (written or verbal guarantees) and implied warranties (unspoken assurances of safety or quality).
In most defective product cases, the theory of strict liability is the most commonly used, especially when dealing with widespread defects or mass-market products.
Steps to Take After Injury By a Defective Product
If you’ve been injured by a defective product, taking the right steps immediately after the incident can protect both your health and your legal rights. Here are several important steps you should take to protect your rights and strengthen your personal injury claim.
Seek medical attention: Your health is the top priority. Seek immediate medical treatment for your injuries and follow your doctor’s advice for recovery. Keep all medical records and bills, as they’ll be important in calculating your damages.
Document the defect: If possible, keep the defective product in its original condition, as it may be crucial evidence in your case. Take photos or videos of the product and your injuries.
Preserve evidence: Keep any receipts, packaging, or promotional materials related to the product, as these can help establish its origin and intended use. If others have been injured by the same product, gathering witness statements or reports from other victims can help your case.
Contact a personal injury attorney: A skilled personal injury attorney can help you tackle the legal process and identify the responsible parties. They’ll also gather the necessary evidence, consult with experts, and file your claim to seek fair compensation.
Report the incident: Report the injury to the manufacturer or seller if possible. This can help initiate an investigation into the product’s safety and may prevent others from being harmed.
Compensation for Defective Product Injuries
If your defective product claim is successful, you may be able to receive various types of compensation. These financial awards are designed to cover both the immediate and long-term consequences of the injury. Here are some potential forms of compensation you can seek.
Medical expenses: This includes all costs related to treating your injuries, from hospital stays to long-term rehabilitation.
Lost wages: If your injuries prevent you from working, you can seek compensation for the wages you‘ve lost and any future earning capacity affected by the injury.
Pain and suffering: You may be able to recover compensation for the physical and emotional pain caused by the injury.
Property damage: If the product damaged your property, such as clothing or a vehicle, you may be entitled to compensation for repairs or replacements.
Punitive damages: In cases involving extreme negligence or intentional harm, such as when the manufacturer knowingly sold a dangerous product, punitive damages may be awarded. These damages are meant to punish the responsible party and deter future misconduct.
Personal Injury Attorney Assistance
A personal injury attorney is essential when pursuing a defective product claim. These attorneys work on product liability cases and can help you handle the intricacies of the law. They can gather evidence, consult with experts, and make sure that all the necessary legal steps are taken.
Importantly, a personal injury attorney will protect you from dealing with insurance companies that may try to settle for less than you deserve. By working with an attorney, you can focus on your recovery while they advocate for your rights and help you pursue fair compensation for your injuries.
Protect Your Legal Rights With Help From Charles Reese Today
If you’ve been harmed by a dangerous or defective product in Dothan, AL, or surrounding areas, including Ozark, Enterprise, Daleville, and Fort Rucker, you have legal rights to seek compensation. With a personal injury attorney’s help, you can pursue a claim and work toward the compensation you need to recover. For more information or to speak with a knowledgeable personal injury attorney, contact Reese & Reese Attorneys, P.C. to discuss your case.