Skip links

What to Know about Defective Products

At Tobias, McCormick & Comer, our Mobile, Alabama, product liability lawyers have experience handling complex cases involving defective and dangerous products, including cranes, golf carts, off road vehicles, industrial machines, and other products that cause harm to unsuspecting members of our community.  Large corporations can be powerful opponents, and you need trial lawyers who are experienced in the courtroom to fight for you through the end of your case.  If you need a defective products lawyer in the Mobile area, the lawyers at Tobias, McCormick & Comer have over 65 years combined experience holding manufacturers of defective products accountable.

Pursuing a Claim Against a Product Manufacturer

In Alabama, there is a special set of rules that apply to product manufacturers known as the “Alabama Extended Manufacturer Liability Doctrine” or “AEMLD” for short.  The AEMLD requires manufacturers to produce products that are free from defects in manufacturing, to eliminate dangerous designs, and to properly warn the end users of products of the dangers the company knows or should know.  

            Manufacturing defects involve a problem during the manufacturing process.  Examples of manufacturing defects include products that are not properly assembled at the plant, or a bad batch of glue that does not provide enough adhesive to connecting parts.

            Design defects exist if there is a flaw in a product’s engineering  such as lawnmower manufacturers who do not place roll over protection systems (“ROPS”) on riding mowers which can crush operators when the mower tips over, or off road vehicle manufacturers who don’t place check valves on gasoline tanks to prevent fuel from escaping when the vehicle rolls over – foreseeable risks for each product. 

            When a manufacturer cannot eliminate a known hazard, the AEMLD requires the manufacturer to warn the end user of the dangers of which it knows, or should know.  Examples of manufacturers’ failure to warn include car makers which fail to warn drivers not to place children in the front seat due to the dangers from airbags, or a crane manufacturer which does not tell crane operators that if the crane tips forward, the counterweights on the rear of the crane can  strike the operator cab, seriously injuring or killing the operator.

What can I do if I have been harmed by a defective product?      

If you have suffered harm due to a manufacturer’s defective product, you should retain an experienced defective product lawyer serving the Mobile area to determine if you have a case. The types of damages available to people who have been seriously injured by defective products include medical costs, lost wages, pain and suffering, and emotional distress. The damages for wrongful death caused by defective products in Alabama are limited to punitive damages – damages intended to punish the at fault party and to deter that manufacturer, and others like it, from doing the same thing in the future.

            Almost all defective product cases require testimony from expert witnesses who investigate and test the product at issue, explain the defect to the jury, and develop and design feasible design alternatives that would render the product safe.  It is important to choose lawyers who pay close attention to detail and know how to litigate these complicated cases.  The lawyers at Tobias, McCormick & Comer have extensive experience representing people who have been seriously injured due to defective products. We work with some of the best experts in the world to handle these complicated cases and to hold manufacturers responsible for defective products.  

Examples of Defective Product Claims

  • Defective ATVs & off-road vehicles & defective lift kits
  • Lawn mowers and lawn tractors without adequate rollover protection
  • Defective golf carts
  • Improperly vented water heaters and gas furnaces
  • Defective airbags
  • Exploding tires
  • Defective cranes and other industrial equipment
  • Defective medical devices
  • Talcum powder injuries
  • Injuries from JUUL and other vaping devices
  • Defective household appliances
  • Power tools without safety guards
  • Defective space heaters
  • Defective wave runners and jet skis
  • Defective pool parts
  • Defective ladders
  • Defective gym and exercise equipment

If you or a loved one has been seriously injured or killed due to a defective product, contact the Mobile, Alabama, law firm of Tobias, McCormick & Comer.  We can evaluate your case to determine if a product defect exists, and we can represent you through litigation, trial, and, if necessary, the appellate process.  We are experienced defective product attorneys who represent injured people in Mobile, Daphne, Spanish Fort, Fairhope, Foley, Gulf Shores, Orange Beach, Saraland, Satsuma, and all over Alabama.