Bringing a Products Liability Lawsuit in Mississippi
Mississippi consumers have a right to purchase and use safe products, but unfortunately far too often manufacturers release products to the public that have serious defects. In the best case circumstances, this merely means the product breaks and the manufacturer will provide a replacement. In the worst-case scenario, use of a defective product results in serious injury, or even death. Under Mississippi law, products liability cases arise because of either a design defect, a manufacturing defect or because a manufacturer failed to properly warn the public about the dangers of a product.
Sometimes products are defective even before they reach the assembly line. Despite the best intentions of designers, they fail to notice how a design could injure consumers after real-world use, and no matter how perfectly manufactured the product is, it will still be dangerous.
Mississippi courts analyze design defects under the risk-utility test that determines whether it is more beneficial than the inherent risks of the design. For example, if there was no better alternative to a seatbelt than one that sometimes snapped during collisions, but it still saved some lives, a court would likely find that seatbelt did not have a defective design.
A manufacturing defect occurs when an otherwise safe product is manufactured in a way that is inconsistent with its usually safe design. For example, if a car is typically safe, but a few, or even one vehicle leaves the plant with faulty brakes, this is a manufacturing defect. If the owner is injured when the brakes stop working on the highway, he or she could possibly recover under the theory of strict liability for the defect.
Failure to Warn Defects
Sometimes products are defective because manufacturers do not properly warn consumers about the risk of using them. This can mean that incorrect instructions are included with a product or that it is advertised for a use that it is not fit for.
For example, let’s say a ceiling fan manufacturer releases a fan that does not adequately explain how to install the fan. As a result of the inadequate instructions, the fan falls down after a few days. If someone was injured when the fan fell, they may be eligible to pursue a products liability lawsuit under Mississippi law.
Contact Us For Help With Your Case
Product Liability cases can be tricky and you are often required to go up against huge national and international corporations. If you believe you’ve been injured as a result of a defective product, an experienced Mississippi personal injury attorney at the Law Offices of Judy Guice can help. Contact our office today for an initial consultation.