Defective Product Lawsuits and Alabama Law

How do you establish negligence and/or strict liability for personal injury

By Super Lawyers staff | Reviewed by Canaan Suitt, J.D. | Last updated on May 2, 2023 Featuring practical insights from contributing attorney David J. Hodge

Use these links to jump to different sections:

Corporations have a legal responsibility to ensure that their products are reasonably safe for consumers. A person injured by a dangerous product or defective product can hold the responsible company legally liable.

In Alabama, there are multiple theories of liability in defective product claims. Here, you will find an overview about the most important things to know about establishing liability in a defective product or product liability lawsuit in Alabama.

Three Theories of Liability

In a defective product or product liability lawsuit, a plaintiff must prove that they suffered harm or product injury because a company failed to live up to its legal responsibilities.


Under Alabama law (AL Code § 6-5-521), a product liability action is defined as a claim based on a product error related to “manufacturing defects, construction, design, formula, preparation, assembly, installation, testing, warnings, instructions, marketing, packaging, or labeling.”

When David J. Hodge, a product liability lawyer at Morris, King and Hodge in Huntsville, is considering taking a case, he does risk-utility analysis to compare a consumer product’s risk compared to its utility. “Obviously a chainsaw is going to cut. You can’t sue a chainsaw manufacturer for manufacturing a chainsaw that works,” says Hodge.

“It depends on the type of product,” he continues. “If it’s a design defect, are you standing alone, or are there a lot of other failures that show other people have had similar outcomes or serious injury with this product? Is it failing in a consistent manner? Have others experienced similar harm? There’s always safety in numbers.”

There are three different theories of liability in these cases:


In Alabama, a plaintiff can bring a product liability claim on the grounds of negligence. Broadly defined, negligence is the failure to take due care within the context of a particular situation.

A manufacturer, distributor, or retailer may be negligent if they produced and/or sold a defective product that would not have been unreasonably dangerous if only they had taken the standard safety precautions.

Some cases and products are relatively simple. There’s a simple solution or a problem that presents itself. Others are obviously more complex.

David J. Hodge

Breach of Warranty

Breach of warranty is another potential theory of liability in an Alabama defective product claim. A breach of warranty case is most often filed against a product manufacturer. In effect, this type of claim argues that an injury occurred because the product in question did not work as it should have.

There are two types of product warranties: Express warranty and implied warranty. Under the theory of implied warranty, you may be able to bring a product liability claim based on a breach even if you do not technically have a written “warranty” for the product.

Alabama Extended Manufacturer’s Liability Doctrine (Strict Liability)

Under AL Code § 6-5-52, consumers may be able to bring a product liability claim under the Alabama extended manufacturer’s liability doctrine. In effect, this is the state’s strict liability statute for defective product claims. A manufacturer can be held strictly liable for injuries caused by a defective product in certain circumstances.

To bring a claim on the grounds of strict liability in Alabama, Hodge says a plaintiff generally must establish “that they haven’t modified it or altered it; that there’s either a defect in the warning, the design, or the manufacturer of the product; and that that defect renders that product unreasonably dangerous. Most of the time, you’re going to have to have an expert render an opinion as to why that product failed, or is failing, to establish a basic case or to get to a jury.”

How Long Does It Take and How Much Does It Cost?

“There is always risk in a products case when you’re going against a large company that has a design team and a product design section and a lot of assets, and it takes a lot of work and a lot of time to get a case like that prepared and ready for trial,” Hodge says. On average, he estimates it takes two or three years to resolve a product liability case.

Just like the timeframe, the cost of these cases can also be extensive, but it all depends. “Some cases and products are relatively simple. There’s a simple solution or a problem that presents itself. Others are obviously more complex,” he says, adding that some single cases wind up being multi-district litigation involving several parties.

Defective product lawyers or product liability attorneys in this area commonly offer a free consultation and typically charge on a contingency basis, meaning they are only compensated if the case wins at trial or settles. In that event, they commonly take between 33 and 40 percent of the award, or possibly higher. “It depends on the law firm, the case, the risk involved, and the costs in presenting it,” Hodge says.

Getting Legal Help

Speaking with an experienced lawyer can make a big difference to your case. A lawyer will be able to tell you if you have a good case and advise you on the next steps to take.

“A couple of years ago I had a case involving a household item that blinded a client,” Hodge recalls. “It was a fairly obvious design issue and, after the case, the defendant stopped manufacturing it in that fashion. There’s a lot of reward when you see that kind of outcome—not just your client, but anyone else who might be harmed like that. It’s why I do what I do.”

It is not always clear how a specific case should be pursued, and it’s recommended that you speak with multiple attorneys to get a clearer picture. If you or a loved one was injured by a defective product, an experienced Alabama product liability attorney or personal injury lawyer will protect your rights.

For more information on this area of law, see our products liability overview.

What do I do next?

Enter your location below to get connected with a qualified attorney today.

Find top lawyers with confidence

The Super Lawyers patented selection process is peer influenced and research driven, selecting the top 5% of attorneys to the Super Lawyers lists each year. We know lawyers and make it easy to connect with them.

Find a lawyer near you