Product Liability Lawyer Jackson MS
Mississippi attorneys helping those injured by dangerous products
Dangerous or defective products should not be in the marketplace, yet many consumers are hurt by these types of products every day. When this occurs, the individuals who design, produce, distribute, market and sell these products can be held responsible for injuries sustained during routine usage of the harmful product. The Diaz Law Firm regularly represents individuals in products liability cases, and our attorneys are not afraid to go to trial when doing helps a client. If your potential case involves injuries related to an unreasonably dangerous product, then you may have a products liability case. Common examples of faulty products cases include seat belt failures, faulty airbags, tire blowouts and prescription drugs that have known adverse side effects. If using a product has caused you harm or severe injuries, then please let us help you.
Product liability is a case whereby a seller or manufacturer is held liable for providing a consumer with a defective product. The responsibility for a defective product which causes injury usually lies with every party in a distribution chain who handles that particular product.
Generally, a product must meet the normal expectations of a consumer. When it has a danger or defect that is unexpected, then the general assumption is that it (the product) can’t meet the normal expectations of a consumer.
Product liability is rarely entrenched in federal law. Typically, claims (of product liability) are entrenched in state and common laws under theories of negligence, breach of warranty or strict liability. Additionally, commercial statutes in every state, based on uniform commercial codes, usually contain warranty rules that affect product liability.
Types of defects
If a case of product liability is filed in court, then the plaintiff must prove on the balance of probabilities that a product caused injury because it was defective, and the product was unreasonably dangerous because of that particular defect.
Defects which have the potential of causing injury can be broadly classified into three;
- Design defects
- Warning defects
- Manufacturing defects
1. Design defects
Liability for defects in design generally arises when a foreseeable danger posed by a product existed even when the product was being manufactured, and it caused injuries when it was being used for intended purposes.
The plaintiff must also demonstrate that the risk could have possibly been avoided or reduced if a reasonable alternative design was adopted.
2. Warning defects
A defective product is that which had inadequate or no warnings/ instructions, or when potential risks of injuries could have been avoided/ reduced if reasonable warnings or instructions had been provided.
When creating instructions or warning labels, a manufacturer has the legal obligation to warn users of potential dangers and also give instructions on how to safely and properly use the product.
3. Manufacturing defects
Manufacturing defects are those which occur when products depart from their intended design although all the necessary measures were taken during the design phases.
Who are the parties responsible for product liability?
Historically, product liability could only arise if a product had changed hands in the market. Privity of contract (or a contractual relationship) also had to exist between the supplier of a defective product and a consumer who suffered as a result of using that particular product.
This requirement doesn’t exist anymore. Today, an injured party who wishes to obtain damages doesn’t necessarily have to be the one who made the actual purchase transaction. As long as someone purchased the defective product, then anyone who has been injured or could have possibly been injured as a result of using that particular defective product can sue the responsible party.
Product liability generally rests with one or more of the following parties in a typical distribution chain;
- Manufacturer of the product.
- The retail store which sold that product to the affected consumer.
- Manufacturer of parts/ components of the defective product.
- The party which installed/ assembled the product.
Strict product liable is only applicable if the sale of a product is made in the routine course of a supplier’s business.
Our law firm has all the expertise and experience needed to handle cases of product liability. If you need to consult and/or file a court case concerning product liability, get in touch with us today.
If you have been injured through no fault of your own, please contact the Diaz Law Firm. You can reach us online or by calling our toll-free number at 800-459-2222. Our team is available to speak with you about your potential case. We work on a contingency fee basis, which means you pay us nothing unless we recover for you. The Diaz Law Firm is a national firm that represents clients across the United States.