Defective Products

When you buy a product, you do so under the assumption that it is safe to use. When the product turns out to be defective, you might not only end up losing your money but also suffer serious injuries.

At the Boyce Holleman law firm, we take great pride in standing up for the rights of injury victims along the Mississippi Gulf Coast.

Has a defective product caused you or a family member injury? If so, did you know that you have the right to file a claim against the product designer or manufacturer?

We know that if you have been harmed by a malfunctioning or ill-designed product, the last thing you need to do is worry about interpreting the law. When you contact our office, you receive the advice and support of a legal team that has been helping residents of the Mississippi Gulf Coast since 1950. Trusted, experienced, and respected, we at the Boyce Holleman law firm look forward to doing everything in our power to assist you in getting the compensation you deserve.

What Constitutes a Defective Product under Mississippi Law? 

Product liability is a legal doctrine under which any party that is involved in designing, manufacturing, and selling a product can be held liable for the damages caused by it. According to Mississippi Code Annotated Section 11-1-63, a product can be considered defective if it meets one or more of the following conditions.

• The product was defectively designed.
• The product deviated from the designer’s or manufacturer’s specifications in a material way.
• The product did not contain adequate instructions on how to use it safely or warnings about the risks involved in using it.
• The product breached an express warranty or failed to meet the factual representations based on which you bought it.

Types of Product Liability Claims We Handle

The Mississippi product liability attorneys at Boyce Holleman have extensive experience in handling the following types of defective product claims, among others: 

• Pharmaceutical defects
• Defective medical devices
• Automotive defects
• Defective toys
• Defective household appliances
• Home structures and construction materials
• Child nursery equipment
• Sports and recreation equipment
• Defective office products
• Defective electrical and workshop equipment
• Defective HVAC equipment

Strict Liability in Product Liability Claims

A vast majority of product liability claims in Mississippi are based on the legal concept of strict liability. These are different from negligence-based personal injury claims.

In a negligence-based injury claim, you are required to prove that the at-fault party was negligent (either by doing something in a negligent manner or by failing to do something they should have done).

In a strict liability-based claim, on the other hand, you are not required to prove that the at-fault party was negligent or reckless. You are only required to prove the following elements: (a) The product in question was defective; (b) The defective product caused your injuries; (c) You were using the product as it was intended to be used; and (d) You suffered real, compensable losses as a result of the accident.

Who Can Be Held Liable for a Defective Product?

Product defects that cause injuries may be related to product design, manufacturing, packaging, labeling, and distribution. Depending on the circumstances, one or more of the following parties can be held liable for the damages caused by a defective product: (a) the company that designed the product; (b) the company that manufactured the product; and (c) the company that distributed the product.

In some cases, wholesalers or retailers who sell the product can also be held liable for the injuries and deaths caused by the product.

Most Common Defenses against Product Liability

Product manufacturers use a wide range of defenses to deny liability for accidents caused by defective products. These include:

• The victim did not use the product as it was intended to be used;
• The victim used the product in a way that they knew (or should have known) could result in an accident or cause an injury;
• The victim made modifications to the product that caused it to malfunction; or
• An external factor or a third-party interacted with the product and their interference, and not the product itself caused the injury.

Steps to Take After a Defective Product Accident

• Preserve the product, the package it came in, receipt, instruction manual, and the warranty card. Even if the product is broken, make sure you preserve all the pieces.
• Take photos of the product and your injuries.
• Write down how the accident happened and what kind of injuries you suffered.
• Get medical attention and follow the doctor’s instructions. Make sure you preserve all your medical records, test results, and prescriptions.
• If someone else was with you at the time of the accident, ask them to write down what happened or record their statement using your phone or video camera.
• Contact an experienced Mississippi product liability attorney and tell them exactly what happened without omitting or adding any details.
• Take photos of your injuries as you recover. Document your recovery process in detail by writing down the pain and discomfort you experience on a daily basis and how your injuries affect your ability to perform day-to-day activities like going to the bathroom, brushing, bathing, eating, and dressing.
• Avoid posting your pictures or posting anything about the product or your injuries on social media.

Statute of Limitations for Filing a Defective Product Claim in Mississippi

The deadline for filing a defective product claim in Mississippi is three years. The three-year deadline starts right from the date on which the accident occurred.

Types of Damages You Can Recover in a Product Liability Claim in Mississippi

Mississippi law gives you the right to recover economic as well as non-economic damages from the at-fault party. The economic damages you can recover in a product liability claim include current and future medical expenses, the cost of rehabilitation and therapy, lost earnings, loss of earning capacity, and the cost of repairing or replacing the property damaged in the accident.

The non-economic damages you can recover in a product liability claim include pain and suffering, mental anguish, loss of consortium, and diminished quality of life.

Injured by a Defective Product? Our Gulfport, MS Product Liability Lawyers Can Get You the Compensation You Deserve

At Boyce Holleman, we believe that companies that sell defective products should be held fully accountable for their mistakes. If you have been injured by a defective product or due to the lack of proper warnings from the manufacturer, we can help you obtain the compensation you deserve.

Call us today at 228-863-3142 or use our online contact form to schedule a consultation with one of our attorneys.