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When you purchase a product, you trust it will function safely and as intended. Unfortunately, this isn’t always the case.
Defective or dangerous products can cause serious injuries. Many times, it leaves victims with physical, emotional, and financial burdens.
If you or a loved one has been harmed by a faulty product, Owen, Owen & Smith, PLLC can help. Our skilled Gulfport product liability lawyer can find you the legal solutions to handle these situations.
Product Liability and Civil Cases
All manufacturers, distributors, and retailers are responsible for ensuring the products they sell are safe for consumers. If they fail to do so, that is known as product liability.
When a defective product causes harm, these parties may be held liable for the resulting injuries.
However, proving these issues can be difficult. The legal team for the manufacturers, sellers, and other parties will work hard to show that their clients are not at fault. That is why you need a Gulfport product liability lawyer.
What Are a Few Examples of Product Defects?
Product liability cases fall into one of three categories, depending on the type of defect involved:
- Design defects: This happens when a product is inherently unsafe due to its design, even if there is nothing wrong with the manufacturing process. For example, a vehicle with a top-heavy design prone to rollovers would fall under this category.
- Manufacturing defects: Many times, this is the manufacturing stage where issues can occur. This can be caused by an error during production or assembly. These examples include a batch of medication contaminated during manufacturing or a faulty car part not properly installed.
- Failure to warn: This is also known as marketing defects. This can happen when a company fails to provide adequate instructions or warnings about a product’s risks. For instance, if a power tool lacks warnings about the dangers of improper use, the manufacturer could be held liable for injuries.
Speak With a Product Liability Lawyer
What Products Are Usually Associated with Liability Claims?
These types of claims can involve nearly any type of consumer goods, from home products to car parts. According to the National Safety Council, 12,740,256 Americans were injured by consumer products in 2023. However, some products often cause more serious injuries when a defect occurs. They include:
- Automobiles and auto parts: Defective brakes, airbags, or tires result in severe accidents and injuries.
- Medical devices: Faulty implants, prosthetics, or surgical tools can cause complications or failures.
- Pharmaceuticals: Medications with undisclosed side effects or improper warnings are dangerous to a person’s health.
- Children’s toys: Small parts, toxic materials, or choking hazards can put children at risk.
- Appliances and electronics: Faulty wiring or overheating can result in fires, burns, or electric shocks.
- Industrial equipment: Unsafe machinery in workplaces poses risks to workers.
No matter the product type, you may be entitled to compensation if it caused harm due to a defect or negligence. You will want to talk to an attorney at Owen, Owen & Smith, PLLC, to discuss your case.
How Product Injuries Can Impact Your Life
From burns and broken bones to organ damage and permanent disabilities, the physical toll of product-related injuries can be life-altering. However, that is not the only issue.
Serious injuries often lead to emotional challenges. In turn, that can result in anxiety, depression, and post-traumatic stress disorder (PTSD). Adjusting to life after an injury can be difficult for many. Sometimes, these injuries may lead to permanent changes in appearance or ability to perform daily tasks.
One of the biggest issues is the financial toll. Medical bills, lost wages, and ongoing rehabilitation costs can place a strain on victims and their families. Many people struggle to cover these expenses while coping with the aftermath of an injury.
With help from a product liability lawyer in Gulfport, you can hold these parties responsible for their actions.
Who Can Be Held Liable?
Unfortunately, these claims involve several parties, and trying to determine who may be responsible can become complicated. The responsibility for a defective product can lie with various entities in the supply chain. These include:
- Manufacturers that design and produce the product.
- Any businesses involved in transporting or distributing the product to retailers.
- Stores or vendors that sell the product to consumers.
In these cases, you will need someone to investigate the circumstances. With that, you can make sure to name all the potentially liable parties in a lawsuit.
Negligence and Product Liability Laws
Does negligence have to be proven in these cases? Not according to Mississippi’s strict liability laws. In these cases, the injured party does not have to prove the manufacturer or seller was negligent; they have to show that the product was defective and caused harm.
No matter who was negligent, you still have to follow the statute of limitations in the state. This is the time frame to take legal action, which is three years from the date of the injury in the Magnolia State. Missing that deadline could mean losing out on your right to seek compensation.
What about cases where you may have misused the product and were injured? Since Mississippi follows a pure comparative negligence rule, you may be able to seek compensation. However, damage awards may be reduced if you are partially at fault for the injury.
What Compensation Can Cover?
You may have the right to seek compensation if you have suffered damages. This can include:
- Past and future medical expenses
- Lost wages and future loss in income
- Property damage reimbursement
- Pain and suffering and emotional distress
Sometimes, the party acted in an extremely negligent or malicious manner. In these situations, the courts may award punitive damages. However, these damage awards are rare.
Unfortunately, defective products can be a contributing cause of death. With that, surviving family members have the right to seek additional compensation from the negligent parties in a wrongful death claim.
In any case, you need to talk to a Gulfport product liability lawyer to determine your next legal steps.
A Gulfport Product Liability Lawyer Is Waiting to Help
At Owen, Owen & Smith, PLLC, we know your challenges after a product-related injury. You’re not just another case to us. You are a person who deserves compassionate support and experienced legal guidance.
If you or a loved one has been injured by a defective product, reach out to us. Contact our office today for a free consultation with our Gulfport product liability lawyer. We are standing by to help.