When a manufacturer sells you a product, they have a legal duty to make sure it’s safe for your use. They are also obligated to post all the relevant warnings to ensure your safety. If the company fails to do this, it may be responsible for covering damages caused by the product.
If you’ve sustained injuries while using a defective product, you may be entitled to compensation. To recover damages, you may want to consider hiring an attorney. A defective products lawyer in Gulfport can evaluate your case and help you obtain fair compensation.
How Defective Product Laws in Mississippi Could Affect Your Case
Product liability laws are complex. Navigating them without legal assistance can be tough. Even if it seems that the manufacturer is liable for your damages, you would still need to prove:
Negligence
You would need to demonstrate that the manufacturer acted negligently. For example, they installed a defective spare part or didn’t arrange quality control. Perhaps, the manufacturer knowingly used low-quality or dangerous materials to cut manufacturing costs.
Breach of Express Warranty
You would have to show that the manufacturer breached the express warranty. For example, the manufacturer states that the bicycle tire is “100% puncture-proof.” If the tire blows while the person is riding a bike, it could cause them to sustain serious injuries.
Breach of Implied Warranty
An implied warranty means that the manufacturer guarantees that the product should work as it’s intended to operate. For example, when you buy an inflated raft, you expect it to float on water. If it sinks, and you sustain injuries, you can sue the manufacturer.
Strict Liability
It may be possible to hold the manufacturer liable for a defective product without proving its negligence in making it. In strict liability cases, the wrongful act occurs when the manufacturer sells a defective product.
To take advantage of the above laws to recover damages, you would need to collect evidence, hire expert witnesses, and conduct an investigation. Doing this when you are recovering from injuries can be problematic.
By hiring a defective products attorney in Gulfport, you are delegating legal matters to an expert, who knows how to fight for your rights. With a legal specialist in your corner, you can avoid common mistakes and get the money you deserve.
For a free legal consultation with a Defective Products lawyer serving Gulfport, call 800-537-8185
Who Is Responsible for Defective Products?
The product manufacturer isn’t always responsible for defective products. Other liable parties may be:
- The manufacturer of parts (for example, a car manufacturer buys tires from another manufacturer. If the tire blows, the tire manufacturer is responsible).
- A company or person who assembles the product.
- A company or person who installs the product.
- Product designer.
- The retail store that sells the product.
Determining which parties are responsible is the key to filing a claim with the right company and getting a fair settlement. This may require an in-depth investigation. Hiring an attorney to determine liability can speed up the process and help you get the money you deserve.
Proving Product Liability in Mississippi
According to Mississippi Code §11-1-63, to recover damages for injuries caused by a defective product you would need to show:
Origins of Defect
At the time the manufacturer sold you the product, one or more of the following issues occurred:
- The product was defective because it was different from the manufacturer’s specifications or from identical products that were manufactured according to these specifications.
- The product was defective because it didn’t contain adequate warnings that instructed you on how to avoid injuries.
- The product was designed in a defective manner.
You can also demonstrate that the product breached either express or implied warranty.
Causation
You would need to demonstrate that the defective condition of the product caused it to be unreasonably dangerous to you.
Damages
You would have to provide evidence that the aforementioned unreasonably dangerous condition caused the damages for which you are seeking recovery.
If you can’t prove any of the above elements, making your case becomes nearly impossible. Meanwhile, if the other party can prove that the danger posed by the product is common knowledge, you may not be able to recover damages.
Legal Expertise
In most cases, you would need to find expert witnesses who can testify to how the manufacturer’s alternative actions could have prevented the defect from occurring and causing the injury.
Proving liability for a defective product is a complex procedure that requires legal expertise. While you aren’t legally obligated to hire an attorney, doing it on your own is likely to lead to serious mistakes that could cost you the case.
Click to contact our Gulfport Personal Injury Attorneys today
How Long do I Have to File a Defective Product Claim?
You only have a limited amount of time to file a defective product claim. According to Mississippi Code §15-1-49, you have three years to initiate legal action after you discovered (or should have reasonably discovered) your injury.
Many people delay filing the claim because they are busy treating their injuries. While three years is a long time, waiting for months or years to start legal action can be detrimental to your case. Consider contacting an attorney to file a claim as soon as you can.
Damages You Can Claim in a Defective Product Case
When filing a claim, you can seek compensation for both economic and non-economic damages that occurred due to product-related injuries. They can include:
- Medical bills
- Property damage
- Loss of wages
- Loss of earning capacity
- Pain and suffering
- Loss of consortium
- Loss of quality of life
To prove that you are entitled to these damages, you would need to provide sufficient evidence and obtain expert witness testimony.
Speak to an Experienced Gulfport Defective Products Attorney Today
Defective product liability cases are usually complex. Without legal assistance, it can be hard to recover fair damages especially while you are dealing with serious injuries.
If you need help getting the money you deserve, consider hiring an attorney. Call us for a free consultation with a Gulfport defective products lawyer.
Questions?Call 800-537-8185
to find a Morris Bart office near you.
