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There is an implicit promise from a product manufacturer that their items will function as intended. As long as the user follows any necessary instructions and uses it for its intended purpose, there shouldn’t be any risk to life and limb. Unfortunately, some products, whether through unintended design consequences or obfuscated defects, pose a serious risk to the health and safety of their users. Whether there were insufficient warnings about the potential dangers, a key part broke down during use, a manufacturing error resulted in a catastrophic failure, or any other reason, if the product caused serious injury or death, you may be able to take legal action to secure compensation.
At Owen, Owen & Smith, PLLC, our Biloxi product liability attorneys have decades of experience representing injured victims throughout the state of Mississippi. If you or someone you love suffered a serious injury because of a defective product, contact our firm today to learn more about your legal options. Our legal team is committed to providing the dedicated and passionate legal representation you deserve in your time of need and will fight tirelessly to secure the maximum compensation possible.
When Can I File a Product Liability Lawsuit in Mississippi?
State law clearly states when it is possible to file a product liability lawsuit. Mississippi Code § 11-1-63 outlines the four key points that allow for this type of lawsuit:
- There was a manufacturing defect, whether through the materials used or its assembly.
- The product failed to include adequate warnings or instructions for its intended use.
- The product’s design was defective.
- The product breached an express warranty or failed to conform with express factual representations that the user relied on during its use.
Proving one or more of these key points is a necessary step in your product liability case. An experienced law firm will know what steps need to be taken in order to do so in a court of law.

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What Can I Recover in a Product Liability Case in Mississippi?
There are three key types of damages that you could potentially recover in any injury-related case. However, there is a cap on both non-economic and punitive damages. Under Mississippi Code §11-1-60, there is a $1 million cap on non-economic damages, which include:
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of consortium
- Loss of enjoyment of life
- Loss of representation
Any damage that can’t be given a specific monetary value falls into this category. Under Mississippi Code § 11-1-65, punitive damages are also capped at a sliding scale depending on the net worth of the defendant, ranging from $20 million for a defendant with a net worth over $1 billion to 2% of the defendant’s net worth if it is $50 million or less. Punitive damages are rarer and are typically used in the most egregious of cases where the judge is seeking to make an example of the defendant or if they acted in an especially harmful manner.
Mississippi law does not set a cap on economic damages. This means that any objectively verifiable monetary damages can be recovered, which includes but is not limited to:
- Medical expenses
- Lost wages
- Loss of earning capacity
- Costs to replace or repair damaged property
- Loss of employment opportunities
- Burial costs
Identifying and quantifying the potential damages you could recover in your case is a vital part of the legal process. Undervaluing the potential long-term costs could be devastating to your future health and financial stability, which is another reason why it’s so important to work with a law firm you can trust.
What is the Statute of Limitations in Mississippi?
Mississippi law offers a two-year window from the date of the injury before it is no longer possible to file a civil lawsuit. This means that once those two years are up, there is nothing that you can do to seek compensation for your injuries. The sooner you take action, the better — not only will this allow your legal representation more time to investigate your situation, but it will also prevent any issues from taking too long to arise.
If you or someone you love was seriously injured by a defective product, you deserve the chance to fight for the compensation you need to cover any damages you may have incurred. At Owen, Owen & Smith, PLLC, our Biloxi product liability lawyers have spent decades representing injured victims throughout Mississippi, and through our efforts have secured millions of dollars in verdicts and settlements. Give us a call at 228-265-5109 or toll-free at 866-677-3165 to speak with a member of our firm or send us the details of your situation through our online form to schedule a case evaluation today.