Committed to vigorous and thorough representation of injury victims throughout Alabama while exercising the highest degree of professional, ethical and moral standards.

Unsafe Products

When we buy an automobile, highchair or crib for a baby, or any one of thousands of products and services for ourselves or our loved ones, all we see is the person behind the cash register. We presume that as a part of the manufacturing process of a consumer good, the manufacturer has incorporated health and safety standards into the design, anticipated problems with the product, conducted all kinds of safety tests, corrected design defects and made sure that the products we buy will not cause harm to us or our families.  Unfortunately, this presumption is not always correct.

A dangerous or defective product is one that causes a physical injury or illness to a person as a result of a defect in the product (design and/or manufacturing) or in its labeling. Products that could be potentially dangerous or defective cover a wide variety of items you use every day, including household cleaners and cleaning products, toys, automobiles, office products, health and beauty aids, feminine hygiene products, medical appliances or devices, prescription pharmaceutical drugs and even everyday over-the-counter medications.  Sometimes it can take years to discover that a product could be dangerous or otherwise defective, and that typically occurs after several people have already suffered debilitating injuries or illnesses due to their use of such products.

The designer, manufacturer, and others involved in the chain of commerce (including distribution) of the products that cause injury or illness may be liable for injuries and illnesses defective products or dangerous products cause. These types of claims are known as products liability lawsuit claims, and are generally considered "strict liability" cases.  This means that any claimed negligence on your part that may have contributed to the injury or illness may not ever become applicable in the lawsuit claim.

There are three legal theories which could potentially form the basis of a product liability lawsuit claim.

Manufacturing Defect. In such cases the injury was caused as a result of defect in the manufacturing process of the product. The design itself is not defective.  An example would be a bicycle which was built with a small crack in the frame, which breaks when used, causing an injury to the rider.

Design Defect. In these cases the injury was caused by a poor design (even though there may be no defect in the individual product itself). An example would be a piece of industrial machinery which was built without proper safety or protection devices, and as a result a worker is injured while using the machine.

Failure to Warn, or "Inadequate Warning". These cases refer to injuries caused as a result of a product known to be potentially dangerous which was sold without a proper warning to the consumer. An example would be an over the counter drug sold without a warning of the hazards of use with certain other drugs, excessively long-term consumption, or possible side effects from its use.

Most of us like to believe that no corporation would design, manufacture, distribute or sell a product knowing that use of the product by the ultimate consumer could result in injury or death.  Unfortunately, the last century has been full of examples where corporations have placed profit over safety – knowing that safer designs were available but wanting to avoid the costs of changing the design.  For instance, an auto manufacturer refused to reposition a fuel tank knowing that failing to do so posed a significant risk of explosion in the event of a collision.  A tire manufacturer refused to redesign a tire knowing that the tread would separate from the tire at highway speed. A pharmaceutical manufacturer made and widely distributed a diet drug knowing that it caused irreparable damage to the valves in the heart of some people taking the drug.

Those seeking product liability claims believe that they can’t afford to fight for what is right because the other side will have deep pockets and can quickly outspend them. But, you don’t need a large bank account. Just an experienced attorney in your corner to fight for you. In most cases we can represent you on a “contingency” basis, which means you’ll only pay a legal fee if we make a recovery for you. If we don’t get results in your favor (through a cash settlement or a jury verdict) you don’t owe us a fee for our services.

At John Ronald Spencer, P.C., there is never a charge to meet with you. We’ll determine whether you have legal rights that must be protected. The initial consultation is always free. You have nothing to lose if you make the call. But, you may lose all of your legal rights if you do nothing. Call (251) 445-0590 today to schedule an appointment with an experienced trial attorney.