Our Jackson Product Liability Lawyers Help Mississippi Victims of Defective Products Get Compensation
When companies decide to cut corners, it is often the public that pays the price. A defective or dangerous product can easily cause you or your child to suffer catastrophic injuries, including burns, lacerations, or amputations.
We understand that this may be your first and only lawsuit and that you often have much bigger concerns than obtaining money. Other consumers should not have to suffer as you have.
Whether the device was improperly manufactured, designed, or labeled, our Jackson product liability attorneys can help you pursue compensation for your injuries and seek to remove the dangerous product from the marketplace.
What Makes a Product Defective?
According to Mississippi product liability laws, a product is considered to be defective if it fails to provide the safety that a consumer can reasonably expect. According to MS Code § 11-1-63, there are generally three categories of product defects:
- Design Defect: Even when manufactured correctly, a product with a design that inherently makes it unsafe for its intended use is considered to be defective.
- Manufacturing Defect: These defects occur when the product’s design is safe but a flaw in the manufacturing process renders it dangerous.
- Marketing Defect (Failure to Warn): If a product does not contain sufficient warnings, instructions, or labeling needed to prevent foreseeable harm, it can be considered defective.
We go above and beyond to help our clients obtain compensation for their injuries. With over 40 years of combined experience, our attorneys have the knowledge necessary to navigate every type of product liability case.
Product Liability vs. Strict Liability
Product liability is a broad legal field addressing injuries caused by defective or harmful products, encompassing claims based on manufacturing defects, design flaws, or inadequate warnings.
Strict liability, a subset of product liability, allows legal professionals to hold manufacturers and distributors responsible for harm caused by their products without proving negligence.
In strict liability cases, demonstrating that a defect in the product directly caused injury suffices for liability. This distinction is crucial, as strict liability focuses solely on the product’s safety, regardless of the manufacturer’s care or intent.
Types of Products Often Involved in Product Liability Claims
Product liability claims can involve a wide range of products. Some of the most commonly implicated types include:
Medical Devices and Pharmaceuticals
Defective medical devices and pharmaceutical drugs with unanticipated side effects frequently lead to product liability claims. These cases can be particularly complex due to the involvement of healthcare and regulatory nuances.
Automobiles and Auto Parts
Cars and their components, including airbags, brakes, tires, and engines, are often subjects of product liability claims, especially when defects lead to accidents or exacerbate injuries during a crash.
Defective Children’s Toys and Other Products
Products intended for children, like toys, cribs, strollers, and car seats, are held to high safety standards. Defects in these products can lead to serious injuries, making them a common focus in product liability litigation.
Electronic Appliances and Devices
Electronic items, from household appliances like microwave ovens to personal electronic devices, such as smartphones, laptops, e-cigarettes, and batteries, can have defects that cause fires, electrical shocks, and other hazards.
Industrial Machinery and Equipment
In the industrial sector, machinery and equipment defects can lead to serious workplace accidents and injuries. Product liability claims can help address the costs associated with recovering from significant injuries and prevent others from experiencing the same harm.
Food Products and Packaging
Companies that sell food products have a duty to meet safety standards set by the FDA. Food products that are contaminated during the manufacturing process can cause illness and even death, and packages that are improperly labeled can lead consumers to suffer from dangerous allergic reactions. Packaging defects can also lead to contamination or spoilage.
Chemicals and Cleaning Products
There should be clear labels on chemical products that instruct consumers on how to use them, what protective gear may be recommended, and whether ventilation is needed when using the products. But hazardous chemicals or cleaning products that lack proper warnings or instructions can result in consumers experiencing exposure injuries or illnesses.
Sports and Recreational Equipment
Defective sports gear and recreational equipment like bicycles, helmets, or gym equipment can cause accidents and injuries, leading to liability claims.
Well-Known Defective Product Cases
Over the years, several high-profile defective product cases have captured public attention, including:
- Roundup Weed Killer: This case gained notoriety after claims emerged linking its glyphosate content to cancer.
- IVC Filters: These medical devices, designed to prevent blood clots, faced numerous lawsuits due to complications like device migration, organ perforation, and clotting.
- Talcum Powder: High-profile lawsuits accused talcum powder products of containing asbestos, allegedly causing ovarian cancer in women.
- Hernia Mesh: Hernia mesh implants became the subject of litigation due to post-surgical complications like infections, organ damage, and mesh migration.
- 3M Combat Earplugs: U.S. soldiers deployed in Afghanistan and Iraq were issued defective duel-ended combat arms earplugs, which resulted in hearing loss and other issues.
- Vaping and E-Cigarette Products: Lawsuits have been filed against e-cigarette maker JUUL Labs Inc., claiming that the manufacturer failed to warn consumers about the dangers of e-cigarettes and illegally marketed its products to minors.
These cases shed light on the importance of consumer safety and corporate accountability.
Were You Injured by a Defective Product?
If you’ve been injured by a defective product, don’t wait to get help. Reach out to our Jackson, MS, product liability lawyers today for a free consultation.
Contact Brown, Bass & Jeter today to find out what your case is worth.
Common Injuries Sustained from Dangerous and Defective Products
Dangerous and defective products can lead to a variety of injuries, ranging from minor to life-threatening. Some of the most common injuries sustained from such products include:
- Burns: Overheating appliances and mislabeled chemical products can cause burns.
- Cuts and Lacerations: Kitchenware, tools, and glass products that shatter can easily result in severe injuries.
- Broken Bones and Fractures: People who fall off defective products like ladders, furniture, or children’s playground equipment can break bones and require extensive recovery time.
- Choking and Suffocation: This type of injury is common in small children due to small parts of toys or defective children’s products like cribs.
- Poisoning: Consuming the chemicals in household products or contaminated food and drugs can lead to devastating personal injuries.
- Electrical Shocks: Faulty wiring in electronic devices or appliances can be a significant risk to physical safety.
- Head Injuries: Concussions and other traumatic brain injuries often result from sports equipment and automotive defects.
- Organ Damage or Failure: Defective pharmaceuticals and medical devices fail to perform as intended, resulting in life-threatening conditions.
- Asphyxiation: Products that impede breathing, such as defective safety gear, put consumers at risk of suffocation.
- Allergic Reactions: Undisclosed allergens in food products and cosmetics can lead unsuspecting consumers to have painful and dangerous reactions.
These injuries can vary in severity and may require extensive medical treatment. In some cases, they can lead to long-term disability or even be fatal.
Who Can Be Liable in a Product Liability Suit?
In the case of a defective product, several parties in the product’s distribution chain can be held liable. These include:
- Manufacturers: This includes the manufacturers of both the final product and any component parts.
- Designers: If the defect is inherent in the product’s design, the designer may also be held liable.
- Suppliers and Assemblers: Parties involved in the production or assembly of the product can be responsible if their actions introduce a defect.
- Wholesalers and Distributors: Entities involved in the distribution chain can be liable for distributing a defective product.
- Retailers: If a retailer knew about a product’s defect and did not remove the product from their inventory, they can be held liable for injuries that result from selling the product.
- Installers or Repairers: If a product becomes defective due to improper installation or repair, the parties responsible for these services can be liable.
Determining who is responsible for the injuries you sustained because of a defective product is a complex process. Our product liability lawyers can conduct a thorough investigation of your case and work to hold every responsible party accountable.
How Do You Calculate Damages in a Jackson Product Liability Claim?
Calculating damages in a product liability lawsuit in Jackson (or anywhere else in Mississippi) involves assessing various forms of losses and harms suffered by the plaintiff. The damages awarded are intended to compensate the injured party for their losses due to the defective product.
Here are the key components typically considered:
Medical Expenses
This component includes costs for all medical care related to the injury caused by the defective product, such as hospital bills, medication costs, and expenses for future medical care, including rehabilitation.
Lost Wages and Earning Capacity
If the injury has led to time off work or has impacted the plaintiff’s ability to earn income in the future, compensation for these losses is included in the settlement or verdict.
Pain and Suffering
This is a type of non-economic damage. It compensates victims for the physical and emotional distress caused by their injuries. Calculating pain and suffering damages often involves complex legal and medical considerations.
Property Damage
If the defective product caused damage to your property, money for repairing or replacing it is included in the compensation you can receive.
Punitive Damages
In some cases, when the defendant’s actions are found to be particularly egregious or reckless, punitive damages may be awarded. These are intended not just to compensate the victim but also to punish the wrongdoer and deter similar conduct in the future.
Loss of Consortium
If the injury impacts the plaintiff’s relationship with their spouse, compensation for the loss of the benefits they would have enjoyed in their relationship may be included. This is known as the loss of consortium.
Wrongful Death and Funeral Expenses
When a defective product results in death, the lawsuit may include damages for wrongful death and associated funeral expenses.
Schedule a Free Consultation with Product Liability Lawyers in Jackson
If you have suffered due to a product manufacturer, designer, marketer, or any other party’s negligent actions, we are prepared to help you guard your rights through a legal claim.
Reach out and contact our Jackson, MS personal injury attorney today for a free case evaluation.
Mississippi Statute of Limitations for Product Liability Claims
According to Mississippi product liability laws, the statute of limitations for product liability lawsuits is generally three years. This means that a lawsuit must be filed within three years from the date when the injury was sustained or when it should have reasonably been discovered.
It’s important to note that this time limit is crucial; failing to file within this period typically results in the loss of the right to sue for damages related to dangerous or defective products.
However, there can be exceptions and specific circumstances that might alter this timeframe. For instance, the discovery rule can sometimes extend the period if the injury or defect is not immediately apparent. Also, in cases involving minors or incapacitated individuals, different rules may apply. So in order to ensure you file a suit or make any legal claims before any relevant deadline passes, it’s crucial to work with a skilled product liability attorney.
Why Choose Brown, Bass & Jeter, PLLC for a Product Liability Lawsuit?
Choosing Brown, Bass & Jeter, PLLC for your legal needs comes with significant benefits, marked by a blend of skill, professionalism, and client-focused services.
- Unmatched Professionalism: Our team exemplifies professionalism, offering dedicated and meticulous attention to each case.
- Stellar Reputation: We are renowned for our ethical practice and success in the legal field, earning trust and respect in the legal community and among clients.
- Transparent Fee Structure: We prioritize transparency in billing, providing clear and fair fee structures, and ensuring clients understand and are comfortable with the financial aspects of their legal services.
Our product liability lawyers bring a wealth of experience with a proven track record in handling intricate product liability cases.
