Alabama Products Liability Questionnaire

State:
Multi-State
Control #:
US-Q1034
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a product liability matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

Proving Fault and the Rules of Strict Liability Proving fault in a product liability case doesn't require a showing of carelessness on the part of the manufacturer or seller if all of the following conditions exist: The consumer product had an unreasonably dangerous defect that injured you as an end user.

There are three common elements to all product liability lawsuits, regardless of the legal theory that the lawsuit is brought under. The lawsuit must involve a product, the product must be found to be defective, and the product defect must be found to be the proximate cause of the injury.

There are three types of product defects that incur liability in manufacturers and suppliers: Design Defects. Design defects are inherent, as they exist before the product is manufactured. ... Manufacturing Defects. Manufacturing defects occur during the construction or production of the item. ... Defects in marketing.

Generally, to prevail on a strict product liability claim, a plaintiff must prove that an inherent defect in a product caused the damages claimed. In other words, the plaintiff must prove (1) that the product was inherently defective and (2) that the defect in the product caused the injury or damage.

To establish a prima facie case against a manufacturer under the AEMLD, a plaintiff must show that (1) the defendant manufacturer sold a defective product, (2) the defect was the cause in fact of the plaintiff's injury and is traceable to the defendant, and (3) the product reached the plaintiff without substantial ...

A poorly designed SUV that has the tendency to roll over when the driver takes a curve. A badly designed coffee maker that sprays hot liquid on users causing burn injuries. An inclined sleeper that could cause children to accidentally suffocate as a result of defective design.

Under the AEMLD, you must prove that that the product reached the user without substantial alteration, and that you suffered injury or property damage due to a product's defective condition which made the product unreasonably dangerous.

These are (1) that a duty existed that was breached, (2) that the breach caused an injury, and (3) that an injury, in fact, resulted.

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Alabama Products Liability Questionnaire