Mississippi Product Liability Attorneys
With Personal Injury Law Offices in Oxford and Tupelo
Helping Injured Individuals throughout North Mississippi
When you go to the store and purchase an item, you have reason to believe that the product is safe to use. As consumers, we are constantly putting a lot of trust in the manufacturers, wholesalers, and vendors who create goods and get them into our hands. It is understandable that mistakes can happen, but what happens when a product puts you in danger or seriously harms you?If you have been injured by a dangerous item that you purchased, product liability holds the manufacturer or seller responsible for your injuries. To bring justice to your situation, you need a skilled Mississippi product liability attorney fighting for you. The field of product liability is nuanced and is governed by a set of particular laws, so it is important to retain a firm with extensive experience in this area of the law. Brad Morris Law Firm, PLLC has represented several North Mississippi residents who were injured by consumer goods and can put this experience to work for you. Brad Morris Law Firm assists people with personal injury matters in the following locations: Horn Lake, Jackson, Olive Branch, Tupelo, Clinton, Lafayette County, Lee County, Oxford, Ridgeland, and Southaven.Types of Product Defects
Anyone involved in the process of designing, making, and selling products to the general public is responsible for controlling the quality of the product and ensuring that it is safe to use.The three types of defects that can be used to form a product liability claim are:- Design defects: A flaw in the inherent design of a product can make it unsafe to use
- Manufacturing defects: If the manufacturer failed to properly follow the product design specifications, they may have caused a dangerous defect
- Informational defects: If the seller failed to properly label the product, instruct the consumer on its use, or inform the consumer of potential hazards, they can be held liable for a consumer’s injury
Helping You Seek Justice
Assuming that you are using a product properly, you have every right to believe that the product should not harm you. If you were injured in an accident caused by a defective product, Brad Morris Law Firm, PLLC wants to help you fight for the appropriate compensation. We can assist you if you were injured by a defective:- Automobile – Examples of vehicle defects that may be safety hazards include: broken steering or accelerator, leaky fuel systems, cracked or broken wheels, defective windshield wipers, broken seats, defective airbags that fail to deploy or deploy at the wrong time, and more.
- Medical device – There are a variety of different medical devices that can cause harm if they are defective, including: metal hip replacements, hip implants, transvaginal mesh, and various other types of equipment used in medical treatment.
- Tool – Defective tools can include anything from hand tools to industrial or transportation equipment. This can mean anything from conveyor belts to welding tools and forklifts.
- Piece of machinery – Defective machinery accidents typically occur in work environments and can be a result of any number of things including poor maintenance and/or negligent safety precautions.
- Piece of furniture – Defective furniture or furniture that fails to observe basic safety precautions may result in injury if it collapses or falls over on top of someone.
- Electronic device – Defective electronics can often pose the risk of electric shock or other accidents.
Understanding Mississippi Product Liability Laws: Know Your Rights
The Basis of Product Liability in Mississippi
Product liability in Mississippi is grounded in the principle that companies involved in the production and distribution of goods have a responsibility to ensure their products are safe for consumer use. When these entities fail to meet this obligation, and a defective product causes harm, they can be held legally responsible. Mississippi follows the doctrine of strict liability in product liability cases, meaning that the injured party does not have to prove negligence; it is sufficient to show that the product was defective and caused injury. There are three primary types of product defects that can form the basis of a product liability claim in Mississippi: design defects, manufacturing defects, and marketing defects. A design defect occurs when a product is inherently unsafe due to its design. Manufacturing defects arise during the production process, resulting in a product that deviates from its intended design and poses a risk to consumers. Marketing defects, also known as failure to warn, involve inadequate instructions or warnings about the product’s use.Proving a Product Liability Claim
To succeed in a product liability claim in Mississippi, you must establish certain elements. First, you need to prove that the product in question was defective. This involves demonstrating that the defect existed at the time the product left the manufacturer’s control and that it rendered the product unreasonably dangerous. You must also show that the defect directly caused your injury and that you were using the product as intended or in a reasonably foreseeable manner at the time of the injury. The testimony often plays a crucial role in product liability cases. Engineers, scientists, and other professionals may be called upon to analyze the product and provide insights into how the defect occurred and its potential hazards. This testimony can be instrumental in convincing a jury or judge of the product’s defective nature and the link to your injury. Our Mississippi product liability attorneys look forward to hearing your story and determining how we can help you hold the seller or manufacturer responsible. With offices in Oxford and Tupelo, we offer personalized service right here at home.Statute of Limitations for Product Liability Claims
In Mississippi, the statute of limitations for product liability claims is generally three years from the date of the injury. This means you have three years to file a lawsuit seeking compensation for your injuries. However, there are exceptions and nuances to this rule. For instance, if the injury was not immediately discoverable, the clock may start ticking from the date you discovered or should have discovered the injury. It is crucial to consult with an attorney as soon as possible to ensure your claim is filed within the appropriate timeframe. Additionally, Mississippi adheres to the statute of repose, which limits the time frame within which a product liability claim can be brought, regardless of when the injury occurred. For most products, this period is ten years from the date the product was first purchased. There are exceptions, particularly for products with longer useful lives, but it is important to be aware of these limitations when considering a product liability claim.Damages Available in Product Liability Cases
Victims of defective products in Mississippi may be entitled to various types of compensation. Economic damages include medical expenses, lost wages, and other out-of-pocket costs related to the injury. Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life. In some cases, punitive damages may be awarded to punish the defendant for particularly egregious conduct and to deter similar behavior in the future. Calculating the full extent of your damages can be complex, particularly when considering future medical needs and long-term impacts on your earning capacity. An experienced attorney can help you assess the value of your claim and ensure you seek appropriate compensation for all your losses.Defenses in Product Liability Cases
Defendants in product liability cases often raise several defenses to avoid liability. One common defense is arguing that the plaintiff misused the product in a way that was unforeseeable and that this misuse caused the injury. Another defense is the comparative fault, where the defendant claims that the plaintiff’s negligence contributed to the injury, potentially reducing the amount of compensation. Manufacturers might also argue that the product was altered or modified after it left their control, and this alteration caused the defect and subsequent injury. In some instances, they may claim that the risks associated with the product were obvious, and the plaintiff assumed these risks by using the product.The Role of Warnings and Instructions
Adequate warnings and instructions are critical components of product safety. Manufacturers must provide clear and sufficient warnings about any non-obvious dangers associated with their products. They must also include instructions on proper use to prevent injury. Failure to provide adequate warnings and instructions can result in a marketing defect claim. Warnings must be visible, understandable, and specific to the dangers of the product. They should explain the nature of the risk, the severity of potential harm, and the measures consumers can take to avoid injury. Courts in Mississippi will consider whether a reasonable manufacturer would have provided a warning and whether the absence of a warning made the product unreasonably dangerous.Steps to Take if You Are Injured by a Defective Product
If you have been injured by a defective product, it is important to take specific steps to protect your rights and strengthen your potential claim. Seek medical attention immediately to address your injuries and document them. Medical records will be vital evidence in proving the extent of your injuries and their connection to the defective product. Preserve the product in its current condition, including any packaging, instructions, and proof of purchase. This evidence can help demonstrate the defect and how it caused your injury. Take photographs of the product, your injuries, and the accident scene if applicable. These visual records can support your testimony and provide compelling evidence in your case. Report the incident to the manufacturer or retailer. Doing so not only informs them of the defect but also creates a record of your complaint. Avoid making any alterations to the product, as this can affect the integrity of the evidence. Keep a detailed record of all expenses related to your injury, including medical bills, travel costs for medical treatment, and any lost income.How Negligence Differs in Personal Injury and Product Liability
While negligence plays a central role in personal injury claims, its application differs in product liability cases. In personal injury claims, proving negligence is often the crux of the case. The injured party must show that the defendant acted carelessly or recklessly, and this behavior directly led to the injury. The standard for negligence in personal injury cases is whether a reasonable person in the same situation would have acted differently. In contrast, product liability cases can be pursued under strict liability, which eliminates the need to prove negligence. This is a significant departure from typical personal injury cases. Under strict liability, it is enough to prove that the product was defective, the defect existed at the time the product left the manufacturer, and the defect caused the injury. This shifts the focus away from the behavior of the defendant and onto the safety of the product. That being said, negligence can still be a factor in product liability cases, particularly in claims involving inadequate warnings or instructions. In these cases, the plaintiff must prove that the manufacturer failed to provide sufficient information about the product’s risks, leading to the injury. This is where negligence overlaps with product liability, but the underlying principles remain distinct from personal injury law.
Brad Morris
Attorney
