(a) In any civil action for personal injury, death, or property damage caused by a product, regardless of the type of claims alleged or the theory of liability asserted, the plaintiff must prove, among other elements, that the defendant designed, manufactured, sold, or leased the particular product the use of which is alleged to have caused the injury on which the claim is based, and not a similar or equivalent product. Designers, manufacturers, sellers, or lessors of products not identified as having been used, ingested, or encountered by an allegedly injured party may not be held liable for any alleged injury. A person, firm, corporation, association, partnership, or other legal or business entity whose design is copied or otherwise used by a manufacturer without the designer’s express authorization is not subject to liability for personal injury, death, or property damage caused by the manufacturer’s product, even if use of the design is foreseeable.
(b) This section is not intended in any way to alter or affect any other principle of law, including those that apply under the Alabama Medical Liability Act, Section 6-5-540 et seq.; those that apply to successor entities, distributors, component manufacturers, or manufacturers who use component parts in assembling products for sale as complete units; or those that apply to the operation of a contract, including a licensing agreement.
(Act 2015-106, §§1, 2.)
Notes of Decisions
Cited in
9
cases (
5 in the last 5 years), 2017–2025 · leading case:
Rafferty v. Merck & Co., 92 N.E.3d 1205 (Mass. 2018).
Rafferty v. Merck & Co., 92 N.E.3d 1205 (Mass. 2018).
“2014), superseded by statute, Ala. Code § 6-5-530 (a) ; Conte v. Wyeth, Inc .”
McNair v. Johnson & Johnson, 818 S.E.2d 852 (W. Va. 2018).
· cites it 2× “Indeed, the United States Court of Appeals for the Fourth Circuit, in certifying this question to our Court, noted that the West Virginia "precedent leaves open the possibility that brand-name manufacturers may be liable for failure to warn when a plaintiff ingests the generic…”
McNair v. Johnson & Johnson, 694 F. App'x 115 (4th Cir. 2017).
“2014) (holding that a brand-name manufacturer could be liable for failure to warn claims brought by plaintiffs who ingested the generic drug), superseded by statute, Ala. Code § 6-5-530 (a) (“In any civil action for personal injury, death, or property damage caused by a product,…”
Caffey v. Publix Supermarkets, Inc. (MAG+), No. 2:22-cv-00542 (M.D. Ala. Sept. 5, 2024).
· cites it 8× “On such a factual record, Caffey’s claims against Ohm and Sun are readily resolved under Ala. Code § 6-5-530 : (a) In any civil action for personal injury, death, or property damage caused by a product, regardless of the type of claims alleged or the theory of liability…”
Akerman v. GlaxoSmithKline, LCC, 261 F. Supp. 3d 62 (D. Mass. 2017).
· cites it 2× “2014), superseded by statute, Ala. Code § 6-5-530 (a); 6 Dolin v. SmithKline Beecham Corp,, 62 F.”
Sparks v. Pfizer Inc, No. 1:24-cv-01450 (N.D. Ala. Apr. 21, 2025).
· cites it 4× “Ala. Code § 6-5-530 (a). So to state a wrongful death claim against Pfizer, Sparks must plausibly allege that Pfizer manufactured, designed, sold, or leased the Apo- Varenicline that allegedly caused Mrs.”
Watkins v. Pfizer, Inc., No. 2:23-cv-00060 (S.D. Ala. Nov. 6, 2023).
· cites it 3× “Ala. Code § 6-5-530 (a) (emphasis added); see also, e.”
Butkiewicz v. Bayer Corp., No. 0:19-cv-01602 (D. Minn. Feb. 4, 2021).
“2019) (quoting Ala. Code § 6-5-530 (a) (2015)). SmithKlineBeecham Corp.”
Ala. Code § 6-5-530(a): 1 case
McNair v. Johnson & Johnson, 818 S.E.2d 852 (W. Va. 2018).
“Indeed, the United States Court of Appeals for the Fourth Circuit, in certifying this question to our Court, noted that the West Virginia "precedent leaves open the possibility that brand-name manufacturers may be liable for failure to warn when a plaintiff ingests the generic…”
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