Product Liability Lawyer
Were You Injured by a Defective Product in Jackson, MS? We Can Help
When we purchase a product from the store, we expect that the item will be safe. But sometimes that’s not always the case. In fact, dangerous and defective products can cause serious injuries and result in medical bills and missed time from work. If you were injured by a defective product, do you know what to do next?
The Jackson product liability attorneys at Giddens Law Firm, P.A., have been handling product liability claims throughout Mississippi for decades. We understand the difficulties these claims can be and we will aggressively go after the manufacturer or designer of the product to make sure you receive compensation for your injuries.
What Is a Products Liability Lawsuit?
A product liability lawsuit can be categorized by one of these three types of defects:
In many cases, a product’s design presents a flaw that could endanger the user. If the company or designer of the product knew about the flaws before the product went to market but failed to fix them, they could be held responsible for the injuries. An example of this would be a car designer knowing that a defect in the design of the automobile can cause the vehicle to easily roll over, yet does nothing to fix it.
A manufacturing defect occurs during the production phase of the product. If something is changed during the manufacturing process which causes the product to become dangerous, the manufacturer could be held responsible. Sometimes, manufacturing defects are a result of poor quality control — such as poor health standards at a food packaging plant which contaminates the food.
Failure to Warn
There are times when a product is safe but if it’s not used in the manner that it is intended, it can pose a threat. It’s up to the manufacturer to contain clear instructions on how the product should be used as well as warnings on how not to use the product. If the company fails to add the appropriate warning labels, and an injury occurs, the company could be held liable for failing to warn the consumer about the dangerous product. A perfect example of this would be a dangerous drug that causes severe side effects but does not mention the side effects of the labeling.
How Can I Prove a Defective Product Caused an Injury?
Product liability claims fall under the theory of strict liability. What this means is if a dangerous or unsafe product causes an injury, you only need to prove the following:
- The product had been defective prior to use
- Because of the defect, the product caused an injury
Unlike other types of personal injury claims, where you would need to prove the other party was adding recklessly at the time of the accident, you just need to show that the product was defective. This is because it can be difficult to show that the manufacturer or designer had acted negligently. So the consumer only has to prove that a defect in the product had caused harm.
What Compensation Could I Receive in a Product Liability Claim?
Depending on the type of injury that occurred, you could receive the following in compensation:
Economic damages – Economic damages refer to monetary losses you received because of the defective product. Some examples of economic damages include medical expenses, lost wages, and property damage.
Non-economic damages – You may also receive non-monetary losses for the accident. These losses are more subjective, such as pain and suffering, loss of companionship, and mental anguish.
Punitive damages – Although rare, you may also receive punitive damages. This compensation is meant to punish the behavior of the at-fault party.
What Do I Do If I Was Injured by a Dangerous or Defective Product?
According to recent data from the U.S. Consumer Product Safety Commission, 11.7 million people were treated for injuries from consumer products. Many of these injuries involved products that were deemed safe such as televisions, household cleaning products, and even beds.
If you were injured by a dangerous product, there are steps that you can take to protect your product liability claim so you can recover compensation for your injuries:
- First, you’re going to want to seek medical treatment as soon as possible. Even if you don’t think your injuries are severe or want to wait to see if the pain subsides, it’s important to get checked out, not only for your case but for your well-being. This will provide a record that you did receive an injury and how it happened.
- Preserve the product, if you can. Don’t throw it away or tamper with it. Also keep any documentation about the product, such as the instruction manual, the original packaging, and the receipt. This will all be used as evidence in your defective product claim.
- Try to document everything about the incident. This includes when you bought the product, what you were doing with it prior to the accident, and what happened to cause the injury. If you have photos or video footage of the incident or your injuries, this will also be helpful for your product liability lawsuit.
- Keep a record of any costs associated with the defective product injury. This includes your medical records, repair bills, or lost time at work. Also remember to continue receiving medical treatment for your injuries after the initial accident.
- Finally, call a defective product lawyer in Jackson, Mississippi. Our legal team will get straight to work on your case and help you get compensation for your injuries.
How a Jackson, MS Product Liability Lawyer Can Help
Since 1999, our Jackson product liability lawyer at Giddens Law Firm, P.A. has provided dedicated representation to individuals who were harmed by a defective product. We know how defective product claims have a huge impact on our clients’ lives and we strive to give injury victims the personalized attention they need in order to understand the legal process and how their claim is proceeding. Our personal injury attorneys are committed to seeking the best outcome for our clients by developing individualized litigation strategies and fighting to ensure our clients get the compensation that they deserve.
If you were injured by a defective product in Jackson, Mississippi, and you’re not sure what your next steps should be, contact an experienced product liability lawyer at Giddens Law Firm today to schedule a free consultation. Remember, we do not receive a fee until we win your case.
Frequently Asked Questions About Product Liability Claims in Jackson, MS
Do I Need the Defective Product to File a Lawsuit?
It can be difficult to save a defective product after an accident, so it’s understandable if you no longer have the item. Although it is not necessary to have the defective product when filing a personal injury claim, it can help your case in the long run.
What if the Item was Modified Before the Injury?
If you modified the product, it could affect your product liability case. It all depends on whether the altercation played a part in your injury. For example, you added extra memory to the hard drive of your laptop. The increased memory caused the computer to overheat and catch fire while it was in your lap. You received third degree burns to your thighs. In this case, you will not have a product liability claim since the fire was caused by your modification to the laptop.
Who May Be Responsible for the Defective Products?
There could be multiple people responsible for the product defect — from the designer and manufacturer to the store owner and marketing team. To learn who may be held responsible, your Mississippi product liability lawyer will need to do a thorough investigation into who knew about the defect and if the at-fault party failed to prevent injury from occurring.
Is There a Statute of Limitations on Product Liability Claims?
In Mississippi, you have three years to file a product liability claim. The time limit begins when the accident occurred. Although three years seems like a long time to file a claim, it can go by quickly. Evidence will need to be collected, records examined, and expert witnesses interviewed. So the sooner you speak to our product liability lawyer about your claim, the quicker we can get to work.
Contact Our Mississippi Product Liability Attorney Today
If you were injured by a faulty or defective product and you’re not sure what your next steps should be, your first course of action would be to contact a Jackson, MS product liability lawyer at Giddens Law Firm. We will get to work right away on your claim, making sure you recover compensation for your injuries.
Don’t wait much longer. Contact Giddens Law Firm today for a free consultation.
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