Strict Liability in Birmingham Personal Injury Cases

“Strict liability,” or liability without fault, is a legal concept that automatically imposes liability for certain injuries, without the injured party having to prove any fault or negligence on the part of the wrongdoer. Therefore, a person or entity is held legally liable regardless of whether they were negligent or intended to cause the harm that resulted. The law often imposes strict liability to manufactured parts or products, under the law of products liability or to companies that transport passengers or cargo for compensation.

Products Liability

If your injuries are sustained while using a defective or malfunctioning product, you may have a products liability claim. Products liability is the area of law that deals with the responsibility of the manufacturer, wholesaler, or retailer of a product for any injuries that result from the use of that product. Liable parties may include the manufacturer of the product or its component parts, the company that assembled the product, or the wholesale vendor or retailer who sold the product, as well as any other party in the distribution chain.

In a products liability claim, you are not required to offer proof of whether or not the defendant acted reasonably or used appropriate care in manufacturing a certain product. Thus, a defendant in a products liability suit will be held liable for damages if it is found that the product was defective, regardless of the level of care the manufacturer or supplier exercised during the design and manufacturing process. As such, an injured plaintiff does not have to demonstrate that the manufacturer of the product or its component parts was negligent or careless, but only that:

1. A defect in the product caused the accident.


2. The product was being used in a manner consistent with the way it was meant to be used.


3. The product was not substantially altered between the time it left the manufacturer’s control and the time it reached the user.

In order to prove strict liability in a products liability case, it is necessary to demonstrate to the judge or jury that the product was “unreasonably dangerous for its intended use” as a result of a defect. In general, the following types of defects may render a product unreasonably dangerous:

• Manufacturing Defects:  These occur when an error is made during a product’s manufacture or assembly. Manufacturing defects typically occur in a relatively low number of units of a given product because the defects occur at different stages of the manufacturing process. Any number of problems can occur during production and assembly of a complex product – a screw may not be adequately tightened, a bolt may be missing, wires may be crossed, or pieces may be incorrectly soldered. As a result, the product or component part comes off the assembly line in defective condition.

• Design Defects:  This occurs when an injury results from faulty product design. Design defects are inherent flaws in the design of a product, such that even if a product is assembled and produced perfectly, it will always come out of the factory in a dangerous condition.

• Failure-to-Warn Defects:  When a manufacturer fails to warn customers about known hazards that may potentially cause them harm while using a product, it is a failure-to-warn defect. For example, if a drug manufacturer sells an over-the-counter medication without warning of potential harmful side effects, the customer may have a products liability claim if he or she sustains an injury as a result.

In order to prove a product defect, the experienced Birmingham personal injury attorneys at The Walker Law Firm must undertake an exhaustive review of all factors involved in the accident. Call 1-877-925-5373 today for a free initial consultation.

Common Carriers

Companies that offer transportation services to the general public are considered “common carriers” in tort law. Federal and state laws regulate a common carrier's liability to the survivors of passengers who are killed while using the carrier's services. A common carrier is one that advertises or represents its business as one of transporting passengers or cargo from place to place for compensation, and such services are typically open to the public. Generally, the following businesses are considered common carriers:

• commercial bus lines


• ferries


• trains


• domestic airlines


• cruise ships


• motor carriers & freight carriers


• amusement parks (in some states)

Common carriers are held to a higher standard of care to provide for the safety of their passengers while embarking, disembarking, and on board the carrier's vehicle or vessel. Whereas persons are held to a reasonable standard of care in typical negligence cases, common carriers are held to the utmost standard of care in ensuring the safety of passengers. If your loved one has been killed while a passenger on a common carrier, contact the Birmingham wrongful death lawyers at The Walker Law Firm today at 1-877-925-5373 to discuss the details of your case.

In all matters involving Birmingham personal injury, it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and file a lawsuit prior to the deadline imposed by the statute of limitations. If you have suffered a personal injury, call the Birmingham injury lawyers at The Walker Law Firm now at (877) 925-5373 or SUBMIT A FREE CASE EVALUATION. The initial consultation is free of charge, and if our Birmingham personal injury attorneys agree to accept your case, we will work on a contingent fee basis, which means our Birmingham injury attorneys get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.