Alabama Product Liability Attorneys

A piece of industrial equipment fails without warning at a Mobile County manufacturing plant, killing a worker. A child’s car seat buckle doesn’t hold during a collision on I-10. A surgical implant breaks apart inside a patient’s body months after a routine procedure. These are not random acts of misfortune. They are the result of products that were designed, manufactured, or marketed by companies that had a legal obligation to make them safe—and failed.

Product liability law exists to hold those companies accountable. Alabama handles these claims through a legal framework called the Alabama Extended Manufacturer’s Liability Doctrine (AEMLD), which is distinct from the strict liability systems used in most other states. The doctrine imposes liability on manufacturers, distributors, and sellers who place unreasonably dangerous products into the stream of commerce, but it retains Alabama’s fault-based approach and its strict contributory negligence defense. Navigating these claims requires both legal knowledge and the technical ability to investigate how and why a product failed.

What is the Alabama Extended Manufacturer’s Liability Doctrine?

Most states rely on Section 402A of the Restatement (Second) of Torts, which imposes pure strict liability on product manufacturers. Alabama took a different path. In 1976, the Alabama Supreme Court decided two companion cases—Casrell v. Altec Industries, Inc., 335 So. 2d 128 (Ala. 1976) and Atkins v. American Motors Corp., 335 So. 2d 134 (Ala. 1976)—that created the AEMLD. The doctrine holds that a company that places a product on the market that is not reasonably safe for its intended use is negligent as a matter of law.

What You Must Prove in an Alabama Product Liability Claim

To recover under the AEMLD, an injured person (or the personal representative of someone killed by a defective product) must establish four elements:

• The product was sold in a defective condition that made it unreasonably dangerous to the user or consumer.
• The seller was engaged in the business of selling that type of product. One-time or casual sales do not qualify.
• The product reached the user or consumer without substantial change from the condition in which it was originally sold.
• The defect in the product was the proximate cause of the injury, death, or property damage.

The standard for “unreasonably dangerous” is measured by the reasonable expectations of an ordinary consumer. If a product fails in a way that a reasonable person would not anticipate when using it as intended, that failure may constitute a defect under Alabama law.

Three Types of Product Defects Under Alabama Law

Design Defects

A design defect exists when the danger is inherent in the product’s intended design. The product was manufactured exactly as planned, but the plan itself was flawed. These claims typically require showing that a safer, practical alternative design existed and that the manufacturer chose not to adopt it. Design defect cases arise frequently with heavy industrial equipment, automotive components, and consumer products sold throughout Baldwin and Mobile Counties.

Manufacturing Defects

A manufacturing defect occurs when a specific unit of a product departs from its intended design during the production process. The blueprint may have been perfectly safe, but something went wrong on the assembly line, during quality control, or during the handling and shipping of the finished product. A single defective batch of automotive brake pads or a welding flaw in a piece of scaffolding equipment are common examples.

Failure to Warn

Even a well-designed and properly manufactured product can be dangerous if the manufacturer fails to provide adequate warnings or instructions for safe use. Failure-to-warn claims focus on whether the manufacturer knew, or should have known, about a risk associated with the product and failed to communicate that risk to the end user. Pharmaceutical products, chemical compounds used in industrial settings, and power tools are frequent subjects of these claims in South Alabama.

Who Can Be Held Liable for a Defective Product in Alabama?

Under the AEMLD, liability can extend to any party in the product’s chain of distribution. This includes:

• The manufacturer of the finished product
• The manufacturer of a defective component part
• Distributors and wholesalers
• Retailers

Filing Deadlines for Product Liability Claims in Alabama

Alabama imposes specific and aggressive filing deadlines for product liability actions. Under Alabama Code § 6-5-502, a product liability claim against the original seller must generally be filed within two years of the date the injury, death, or property damage occurs.

Key Filing Deadlines

• Product Liability (Original Seller): Two years from the date of injury, death, or property damage under § 6-5-502.
• General Personal Injury: Two years from the date of injury under § 6-2-38(l), which may apply to claims brought under theories other than the product liability article.
• Wrongful Death from a Defective Product: Two years from the date of the person’s death under § 6-5-410(d).

Damages Available in Alabama Product Liability Cases

Injured consumers who bring a successful product liability claim in Alabama can recover compensatory damages for the full scope of their losses. These typically include:

• Past and future medical expenses, including surgeries, rehabilitation, and prescription costs
• Lost wages and diminished earning capacity
• Pain and suffering
• Emotional distress
• Property damage

In cases involving reckless, wanton, or intentional misconduct by the defendant, punitive damages may also be available. A manufacturer that continued selling a product after learning of a deadly defect, or a company that destroyed internal safety testing records, could face punitive damages designed to punish and deter that behavior.

If a defective product caused a death, the wrongful death action is governed by Alabama Code § 6-5-410, which limits recovery to punitive damages only. The personal representative of the deceased’s estate must file the action within two years of the date of death.

Types of Defective Product Cases We Handle

Product liability claims can arise from virtually any manufactured item. Some of the categories our firm is equipped to investigate and litigate include:

• Heavy industrial and construction equipment, including cranes, forklifts, scaffolding, and hydraulic systems
• Automotive and truck components, including tires, brakes, airbags, seat belts, and fuel systems
• Consumer appliances and electronics
• Pharmaceutical drugs and medical devices
• Agricultural equipment and machinery
• Recreational vehicles, boats, and personal watercraft used along the Gulf Coast and Mobile Bay
• Power tools and lawn care equipment
• Children’s products, including car seats, cribs, and toys
• Chemical products and industrial solvents

Many of these cases involve products sold and used at industrial facilities, construction sites, and maritime operations throughout Mobile and Baldwin Counties. When a product fails in a workplace setting, the case may involve parallel workers’ compensation claims, adding another layer of legal complexity that demands experienced counsel.

Frequently Asked Questions

What should I do if I’m injured by a defective product?

Seek medical attention immediately. Then preserve the product, its packaging, any receipts, and any instructions or warnings that came with it. Do not discard, repair, or alter the product. Take photographs of both the product and your injuries. Contact an attorney as soon as possible, because Alabama’s filing deadlines for product liability claims can be as short as two years.

Can I sue a retailer for selling a defective product?

It depends. Alabama’s innocent seller statute, § 6-5-521, protects retailers and distributors that merely served as a pass-through for the product without involvement in its design, manufacturing, or labeling. But if the retailer played an active role in bringing the product to market, or if the manufacturer cannot be identified or reached, the retailer may still be liable.

What if the product was modified after it was purchased?

Modification or alteration of a product is a recognized defense under the AEMLD. The defendant must prove that the product was substantially changed after it left the manufacturer’s control and that the change caused the injury. If the modification was not a contributing factor, the manufacturer may still be held responsible.

Can I file both a workers’ compensation claim and a product liability lawsuit?

Yes. Alabama’s Workers’ Compensation Act generally prevents employees from suing their own employer for workplace injuries. But if a defective product made by a third party caused the injury, the worker can file a product liability claim against the manufacturer or other responsible parties while also collecting workers’ compensation benefits through their employer. These cases frequently arise at industrial facilities and construction sites along the Mobile River corridor and the Eastern Shore.

Where are product liability cases filed in Baldwin County?

State-court product liability cases in Baldwin County are typically filed in the Baldwin County Circuit Court. If the parties are from different states and the amount in controversy exceeds $75,000, the case may be filed in or removed to the United States District Court for the Southern District of Alabama in Mobile.

Work With Our Reputable Alabama Product Liability Firm

Stone Crosby, P.C., provides the skilled, determined representation you need to take on product manufacturers and their insurers across Mobile, Baldwin County, and the surrounding areas. Our civil trial attorneys have the courtroom experience and technical understanding these cases demand, and we work with engineers, safety consultants, and other professionals to build cases that hold up under scrutiny. We will take the time to listen to your situation, explain your legal options in plain language, and develop a strategy designed to achieve the result you deserve.

To discuss your product liability case with a knowledgeable advocate, please call our office today at (251) 626-6696 or contact us online to schedule an initial consultation.