The Alabama Extended Manufacturer’s Liability Doctrine (AEMLD)
The concept of product liability is one that is simple at its core, but can quickly become difficult to understand. ThIs is because there are different types of defects that a product may have, and the defect can be introduced into the product at countless points in its creation process, which clouds the issue in terms of who to sue and why.
Alabama has a law, known as the Alabama Extended Manufacturer’s Liability Doctrine (AEMLD) that a person can use to help prove their product liability case. Our Birmingham personal injury attorneys at Goldasich, Vick & Fulk are ready and willing to try and help you seek compensation if you have been injured by a defective product.
(Potentially) Establishing Strict Liability
The AEMLD was first articulated in the case of Casrell v. Altec Industries (1976). In general, AEMLD claims “retain the concept of fault,” but strict liability (negligence as a matter of law) can be established if two criteria are met. In order to recover damages on an AEMLD claim, a plaintiff must (1) have been injured by a defective product that was “inherently dangerous” as it came to the plaintiff; and (2) no “substantial alteration” was done to the product.
What this all means to the average person is that if a product is inherently dangerous when it gets into consumer hands, and it was dangerous from the beginning without being altered or somehow made more dangerous, the court will officially state that the defendant seller or manufacturer is negligent without the plaintiff necessarily having to prove it step by step.
Define Terms Appropriately
In some cases, making an AEMLD claim can help to conclude your product liability case more easily. However, it is important to fully understand the nature of the law, and to know exactly what is meant by certain terms used. For example, the mere fact that a product malfunctioned does not mean it is inherently defective; it must be proven in court that a product had a manufacturing or design defect (or that a failure to warn consumers of the product’s dangers happened).
Be advised that in Alabama, contributory negligence is a complete bar to recovery – in other words, if your own negligence contributed at all to your injuries, Alabama law forbids you from recovering money damages from the defendant. Other states like Florida have adopted a modified system, where a plaintiff recovers by their percentage of fault, but Alabama’s system is all or nothing. Questions like these need a knowledgeable attorney to handle.
Confused? We Can Help
Product liability claims can be quite intimidating for the average person, particularly if they have never dealt with the legal system before. Our Birmingham product liability attorneys at Goldasich, Vick & Fulk can help to guide you through the process and give you the best possible chance to recover the damages you deserve. Call our office today to schedule a consultation.
Source:
casetext.com/case/casrell-v-altec-industries-inc
