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Software Product Liability and the Alabama Extended Manufacturers Liability Doctrine

Author: Jim Pattillo | April 10, 2023By juliemProduct Liability
Software Product Liability and the Alabama Extended Manufacturers Liability Doctrinejuliem2023-11-07T15:15:51+00:00
Software Product Liability and the Alabama Extended Manufacturers Liability Doctrine

The Alabama Extended Manufacturers Liability Doctrine (AEMLD) is a legal principle that holds manufacturers liable for the injuries caused by their products, even if the manufacturer did not directly sell the product to the injured party. This principle has been applied to a variety of products, from automobiles to medical devices, and has recently been extended to cover software products as well.

In traditional product liability cases, a plaintiff must prove that the manufacturer was negligent or breached a duty of care in the design, manufacturing, or marketing of a product. However, under the AEMLD, a plaintiff can establish liability by showing that the product was unreasonably dangerous, even if the manufacturer took all reasonable precautions in the design and production of the product.

This principle has been extended to software products, which are becoming increasingly important in our daily lives. As software becomes more ubiquitous, the potential for harm caused by software defects or malfunctions has increased. For example, a software bug in a medical device could cause serious harm to a patient, or a malfunction in a self-driving car could lead to a deadly accident.

Under the AEMLD, a plaintiff can establish liability for harm caused by a software product by showing that the product was unreasonably dangerous due to a defect or malfunction. This can be a challenging task, as software is often complex and difficult to understand for non-experts. However, expert witnesses can be called upon to provide testimony on the defect or malfunction in question.

In addition to establishing liability for harm caused by a software product, the AEMLD also requires that the plaintiff prove that the harm was caused by the product. This can be a difficult task in cases involving software, as it can be difficult to trace the root cause of a defect or malfunction.

To mitigate the risk of liability under the AEMLD, software manufacturers should take steps to ensure that their products are as safe and reliable as possible. This can include implementing robust testing and quality assurance processes, as well as providing clear warnings and instructions to users.

Ex parte Russell County Community Hospital, LLC (Ala. Sup. Ct. Case No. 1180204) is a landmark decision by the Alabama Supreme Court that affirmed the application of the AEMLD to software products. The case involved a medical records software system that allegedly caused a patient’s death due to incorrect medication dosages.

The court held that the software system was a product under the AEMLD, and the manufacturer could be held liable for harm caused by defects in the software. The court reasoned that software is no different from other products, and should be subject to the same standards of liability as other products.

This decision has significant implications for software manufacturers, as it establishes a clear legal precedent that software is a product under the AEMLD. It also underscores the importance of ensuring that software products are safe and reliable, in order to avoid liability under the AEMLD.

In conclusion, the Alabama Extended Manufacturers Liability Doctrine is a legal principle that holds manufacturers liable for harm caused by their products, including software products. As software becomes more important in our daily lives, it is essential for manufacturers to take steps to ensure that their products are safe and reliable, in order to avoid liability under the AEMLD.

About Christian & Small

Christian & Small LLP represents a diverse clientele throughout Alabama, the Southeast, and the nation with clients ranging from individuals and closely-held businesses to Fortune 500 corporations. By matching highly experienced lawyers with specific client needs, Christian & Small develops innovative, effective, and efficient solutions for clients. With offices in Birmingham, metro-Jackson, Mississippi, and the Alabama Gulf Coast, Christian & Small focuses on the areas of litigation and business, is a member of the International Society of Primerus Law Firms, and is the only Alabama-based member firm in the Leadership Council on Legal Diversity. Our corporate social responsibility program is focused on education, and diversity is one of Christian & Small’s core values.

No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. 

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