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When can you file a Mississippi products liability claim?

On Behalf of | Dec 15, 2015 | Product Recalls

Though most people don’t often think about it, the reality is we interact with hundreds if not thousands of different products each and every day. Clothing, household items, electronics, vehicles, even food, they’re all products and they all come with the potential for risk. Nothing is perfect 100% of the time and when something goes wrong with a product, whether an item of food, a big machine or a prescription medication, it can cause serious harm to the unsuspecting consumers on the other end. So what do you if you’ve been injured by a defective or faulty product? Keep reading to find out more about Mississippi product liability cases.

What is products liability?

Products liability cases are those where a manufacturer or vendor is required to compensate consumers for harm caused by a product sold or manufactured by the company. The law says companies are required to ensure their products are as safe as is practically possible and must go even further to warn consumers of potential harms that could result from using or even misusing the product. Companies must do their part to make products as safe as possible and consumers are required to use the products in the way that a reasonable consumer would, not creating additional or unnecessary risks.

When can you sue?

Consumers can sue when they’ve suffered harm due to a defective product. What are some examples of these defects? There are three common situations where consumers bring product liability claims. One is when the product’s design is defective. This happens when a product is inherently unsafe or dangerous and the design of the item itself is what creates the harm. Another example is a manufacturing defect. In these cases, the problem isn’t with the design, but with the execution. This arises when there are problems in the various manufacturing steps leading up to the sale of the product that are either ignored or slip by the company responsible. Finally, informational defects can lead to a product liability lawsuit when improper or inaccurate labeling results in harm to a consumer. A failure on the part of the manufacturer to provide instructions for using the product safely or warnings about potential risks are both examples of informational defects.

What do you need to prove?

For a consumer in Mississippi to bring and win a products liability case, a few different things must be demonstrated to the judge or jury. First, you must show that you’ve been harmed in some way, whether physically, emotionally or even financially. Second, you will need to prove that the product you are now suing about is in some way defective. Third, you must convince the court that the defective product is what caused your injuries. Finally, you’ll need to show that you were either using the product as it was intended to be used or, if not, that you were using it in a way that a reasonable person would have. If you can do these four things you stand a very good chance of winning a Mississippi product liability claim.

If you have been injured and think you may have a personal injury claim, please contact the Madison / Jackson personal injury attorneys at Kilpatrick & Philley at 601-707-4669.