Mississippi Product Liability Attorneys

Common Types of Defective Products

Defective or dangerous products come in many forms. These products can cause injuries, illnesses, or even fatalities when they fail to function as intended or when proper precautions are not taken.

Our Mississippi product liability attorneys are prepared to assist with claims involving many common types of defective products, including:

• Vehicles and auto parts. Defects in vehicles, such as faulty airbags, malfunctioning brakes, or defective tires, can lead to accidents and catastrophic injuries. These issues often stem from design flaws or errors during the manufacturing process.
• Medical devices and pharmaceuticals. Medical products, including surgical implants, pacemakers, and medications, have the potential to cause harm when they are poorly designed or contain undisclosed side effects. Faulty devices may fail during critical moments, while harmful drugs can cause allergic reactions or long-term health problems.
• Household appliances and electronics. Common items like washing machines, space heaters, or kitchen gadgets can become dangerous when they overheat, short-circuit, or contain hazardous components. These failures have the potential to cause fires, electric shocks, or other injuries.
• Children’s toys and furniture. Toys with small detachable parts, furniture prone to tipping, and cribs with weak designs create serious hazards for young children. These kinds of defects increase the risk of choking, entrapment, or falls.
• Tools, machinery, and industrial equipment. Power tools, heavy machinery, and work equipment require precision and high-quality engineering. Flaws in these items can result in severe injuries, including cuts, crush injuries, or amputations.

Legal Theories of Product Liability

Three main theories of liability are frequently applied in Mississippi product liability cases: strict liability, negligence, and breach of warranty. Each theory provides a distinct legal framework for holding manufacturers, sellers, or distributors accountable for defective products.

Strict Liability

Strict liability focuses on the product itself rather than the actions of the manufacturer or seller. Under this theory, plaintiffs must demonstrate that the product was unreasonably dangerous due to a defect and that the defect directly caused their injury. Strict liability does not require proof that a manufacturer acted carelessly. Instead, it applies when a flaw in the design, manufacturing process, or marketing (such as inadequate warnings) renders the product unsafe.

Negligence

Negligence examines whether the responsible party breached their duty of care during the product's design, production, or distribution. Plaintiffs must prove that the defendant failed to exercise reasonable care and that this failure led to the product's defect and the resulting injury. Courts evaluate factors like whether appropriate safety testing was conducted, whether the manufacturer followed industry standards, or whether risks were foreseeable.

Breach of Warranty

Breach of warranty applies when a product fails to meet the terms of an express or implied promise made by the seller or manufacturer. Express warranties involve specific guarantees about the product's performance or safety, often provided through advertising, labels, or contracts. Implied warranties, like the implied warranty of merchantability, require that products perform as expected for their ordinary purpose. A breach occurs when the product fails to fulfill these promises and causes harm to the user.

Damages in Mississippi Product Liability Claims

Types of damages you can recover in a Mississippi product liability case vary based on the circumstances of the harm caused. Economic damages cover measurable financial losses, such as medical bills, lost wages, and the cost of repairing or replacing damaged property. Non-economic damages compensate for intangible losses, including pain and suffering, emotional distress, or a diminished quality of life. Punitive damages may apply in cases where the defendant acted with gross negligence or willful misconduct, serving to punish the wrongdoer and deter similar behavior.

Our Mississippi product liability lawyers can help you calculate your damages. Our team at McHugh Fuller Law Group aims to recover every dollar you are entitled to under the law. 

Product Recalls and Safety Alerts

Agencies like the U.S. Consumer Product Safety Commission (CPSC) play an important role in protecting consumers from hazardous products. By monitoring product safety, enforcing regulations, and issuing recalls, the CPSC aims to help mitigate risks associated with defective products. Recalls can directly impact liability claims, as they can serve as evidence that a product was deemed unsafe, strengthening a victim’s argument in a case.