Thousands of people are injured every year by dangerous or defective products. Government agencies such as the Food and Drug Administration (FDA) and the Consumer Products Safety Commission (CPSC) do their best to enforce safety standards and issue product safety recalls when needed, but oftentimes a product defect does not come to either group’s attention until one or more people have been seriously injured or even killed by an unsafe product.
Personal injury lawyers like Corban Gunn make it their mission to force defective and unsafe product manufacturers to take their products off shelves or recreate safer models before consumers are harmed or killed due to these products. With the help of a Biloxi, MO product liability lawyer, Mississippi consumers who have been injured by defective products can obtain compensation for their injuries while also raising awareness about a dangerous product defect and forcing the manufacturers to fix the problem.
Product Liability Laws Hold Product Makers Liable
Mississippi has a series of complex product liability laws that hold a manufacturer liable for injuries caused by defective products. These laws operate under the concepts of negligence, breach of express warranty, and breach of implied warranty.
- Negligence – Negligence examines why a product was defective in the first place. Did a quality pass fail to occur that should have? Was a part knowingly manufactured with the wrong types of materials?
- Breach of Express Warranty – Aside from possible manufacturer’s and extended warranties, all products are sold with express warranties and implied warranties. Express warranties are guarantees that are either verbally expressed or written regarding the product. If a toy states that it’s safe for children under 5 years of age, for example, this is a type of express warranty. If that toy proves to be unsafe for children older than 5, this is a breach of that warranty.
- Breach of Implied Warranty – Implied warranties focus on what products are implied to do. When you purchase a new vacuum cleaner, for example, it’s implied that it will provide enough suctioning power to vacuum. When you purchase a new car seat, it’s implied that it will hold your child in place safely. If either device fails when using it as it’s intended, this may be considered a breach of implied warranty.
Strict product liability or strict liability may also come into play. These two concepts hold a manufacturer strictly liable for damages caused by a product defect. Under strict liability, it is not necessary to prove negligence or fault on the part of the product maker. It is enough to prove that a product was defective when it left the manufacturer, and that the defective product caused injury.
In general, there are three different ways a product may be found defective:
- Manufacturing Defects – A malfunction in the assembly line or the use of defective parts may cause a product to fail at a critical moment. One unit or thousands may be affected.
- Design Defects – Unsafe designs typically involve an entire product line or model. Some examples include cars with the fuel lines placed too near electrical wiring, machinery and power tools built without safety guards, and household appliances without automatic shut-offs.
- Failure to Warn – Products and their packaging must be appropriately labeled with instructions and warnings necessary for their safe use. Manufacturers or retailers can be liable for the failure to warn of dangers.
Product liability litigation can be challenging and complex. Often, the evidence proving the product defect lies with the manufacturer who may try to hide or alter the evidence or simply use their teams of lawyers and legal departments to find some loophole. At Corban Gunn, Attorney at Law, our product liability lawyers don’t fall for these ploys. We know how to unravel common legal loopholes and tactically get passed the corporate tape. We apply our skills and resources with dedication and tenacity. We are not afraid to stand up to the “Big 3” automakers or pharmaceutical giants in the pursuit of justice.
Proving a Product Liability Claim in Mississippi
In the state of Mississippi, four points need to be proven regarding a product liability case for it to be successful in court. Those points are as follows:
- Someone (you or a family member) was seriously injured by the defective/unsafe product
- The product was, in fact, defective, manufactured incorrectly, labeled incorrectly, or sold unsafely
- The defect or incorrect label, etc. directly caused the injuries
- The product was being used as intended
If any of these four points cannot be proven, you may find it difficult to prove your claim.
Get Help from an Experienced and Aggressive Biloxi Product Liability Lawyer
Sometimes product makers are aware of a safety problem with their product but fail to spend the money necessary to fix the issue, even if the cost is only pennies per unit. This unconscionable conduct cannot be tolerated.
When manufacturers put profits ahead of people and injury results, Biloxi, MS product liability lawyer Corban Gunn stands up to the industrial giants and holds them accountable for their behavior. If you or a loved one has been injured by a dangerously defective product in Mississippi, contact our office for a free consultation.