Injured? Save the Evidence.

Jul 31, 2020 | Allen A. Ritchie

Allen's Answers


If a product malfunctions and you get hurt, do not throw away the thing that hurt you. This may sound like a no brainer, but I am telling you this because I have seen it happen.

Here is an example: a homeowner was climbing a ladder and the ladder rail came undone. He fell to the ground and was rushed to the emergency room. While he is at the hospital, his brother cleaned up the mess and THREW THE LADDER AWAY. When the homeowner recovered and wanted the ladder maker to pay his hospital bills, he couldn’t even prove who the manufacturer was.

Here is my legal opinion. If you do not have the product that hurt you, you do not have much of a case.

This type of injury falls under the title of product liability, and there are three different types of acknowledged product defects: manufacturing, design, and failure to warn.

Here is an odd fact about Alabama law. In our state, you do not have to show that the company intended to produce a bad product. You just have to show the product was bad.

Of course, none of this much matters, if you can’t figure out who made the product in the first place.

If you suffer from a bad product or any personal injury like an auto accident or slip and fall, you can talk to us at the Law Firm of Eiland and Ritchie for free. We want to help you get back on your feet. We are working remotely mostly but are always available.

Also, join us on NBC 15 LawCall here in Mobile every Sunday night at 10:30 right after the news. We will take your calls live. We are experimenting with new ways to do the show and still follow the CDC guidelines. You might want to see what we have come up with.

Allen Ritchie

Alabama Personal Injury Lawyer