When we purchase an item online or in a store, we expect it work as advertised and to not cause us harm. When we buy a new car, for example, we don’t expect for the airbags to cause injury by deploying improperly. When we buy a new children’s bicycle, we don’t expect for it to break on the second day of use and cause a child to become hospitalized.
In instances like the above, we have the right to file what’s referred to as a product liability claim or lawsuit against the product manufacturer. Doing so can enable a family to have an easier time paying for hospital bills and other associated medical costs as well as ensure the product manufacturer creates safer products and properly prioritizes consumer safety.
If you or someone you love is considering filing a product liability claim in Mississippi, you should be aware that in order to file a lawsuit, your claim must meet certain requirements. To know if you have a product liability claim, these are the points you’ll need to prove during the process of filing a lawsuit:
- That you were injured or suffered direct losses. If you weren’t actually injured (if you were almost injured, for example, but escaped injury in time), your claim will not hold water. Civil lawsuits are formed around the premise of recovering losses. For you to recover losses, you must suffer from losses.
- The product is defective or was incorrectly advertised. You will need to prove that the product was defective, did not work properly, malfunctioned, or was falsely labeled or advertised (if a children’s toy, for example, did not contain manufacturer’s warnings, it may have been mislabeled).
- The defect directly caused the injury. It isn’t enough to argue that the product was defective and that you were injured. You’ll need to prove that the defect directly caused your injury. This is often the most difficult aspect of proving a product liability claim and may require the assistance of medical professionals and accident recreation experts.
- The product was used as intended. You’ll also need to prove that you were using the product as the manufacturer would reasonably expect and that were you following instructions for the product.
You may also need to keep in mind special requirements that may exist only in the state the accident occurred in. To find out the current product liability claim requirements in Mississippi, you should contact an experienced product liability attorney who will be able to guide you every step of the way to ensure your case has the highest chance of succeeding as possible.
If you’re located in Mississippi or anywhere near the Gulf Coast, Corban Gunn, Biloxi product liability lawyer, is more than happy to answer any questions you may have regarding your possible claim. Get in touch today to learn how our law office can help.
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