Biloxi Defective Products Lawyer
Any consumer product has the potential to be defective. While some defects are simply inconveniencing and result in wasted money, others could lead to severe and potentially life-threatening injuries. Unfortunately, these faulty products often include children’s toys, automobile parts, medical devices, industrial machinery, and other defective items that could have serious consequences. If you or a loved one was injured after using an item as directed, a seasoned Biloxi defective products lawyer might be able to help. By working with a well-versed personal injury attorney, you could focus on your recovery with the knowledge that a legal professional is pursuing a claim for full and complete recovery.
Common Types of Unsafe Goods
When most people think about defective products, they imagine complex machinery that experiences a catastrophic failure. Of course, injuries that arise out of airplane accidents, defective car parts, or failing structures give rise to viable claims. However, much more common are unsafe goods that are much simpler in design.
Almost any item that we use everyday can malfunction and cause an injury. The computer or cellphone could overheat causing a burn. An e-cigarette could explode in a pocket or while in use. A stove used to heat dinner may also malfunction causing severe injuries. Even something as simple as a chair that collapses under a person’s weight may result in a maker being liable if a manufacturing defect or design error resulted in an unsafe product. A Biloxi attorney could provide more information about common defective products and why the maker may be responsible.
Establishing Liability for a Defective Product
Simply put, in a product liability case it must first be determined what caused a defect. For example, a defect could have arisen during the design or manufacturing of an item. On the other hand, a lack of proper warnings could be the basis for a claim, as well as a breach of warranty.
These elements are outlined under Mississippi Code §11-1-63, which addresses what must be proven for a successful case. Under this statute, a claimant must be able to demonstrate one of the following elements:
- A product deviated from the manufacturing specifications
- An item and its packaging did not contain adequate warnings or instructions
- The product was designed improperly
- An item did not uphold a warranty or other express factual representations that attracted the plaintiff to use the product
Dependent on the circumstances of a case, any of these elements might establish product liability on the part of the manufacturer, as well as the designer or distributor of the dangerous product. In limited cases, the seller of the product may also be liable for injuries caused by its use. To prove a right to recovery, it must also be shown that these elements caused a claimant’s injuries. Even when damages are apparent, the skill of a well-practiced Biloxi defective products attorney may prove essential to demonstrate that a defective product was the root cause of an injury.
What is the Difference Between Settlements and Going to Court in Biloxi?
In certain cases, the legal counsel for both the defendant and plaintiff might work out a settlement before going to trial—this can happen at any point during the legal process. If so, the plaintiff, with the advice and counsel of his or her attorney, would try to decide a fair settlement price for all losses.
Settlements are often ideal for many claimants, as they avoid the potentially lengthy and emotional court process. However, if a defendant refuses to accept a reasonable settlement offer, an injured plaintiff will need to pursue a full legal case with the help of a defective products lawyer in Biloxi in order to obtain full and fair compensation.
Is There a Statute of Limitations for Defective Product Claims?
The statute of limitations in defective product claims is identical to that of most other personal injury cases. According to Mississippi Code § 15-1-49, plaintiffs must file their complaints in court no more than three years from the date of injury.
This time limit also applies to cases where a plaintiff is attempting to collect compensation through a settlement. Insurance companies will refuse to issue payments to plaintiffs whose statute of limitations has expired. A Biloxi defective products lawyer could help ensure that a complaint for damages is filed in time.
How a Biloxi Defective Products Attorney Might Help
Product manufacturers have a duty to sell only products that are safe or contain appropriate warnings. When they choose not to follow the safety rules that are designed to protect us all, any one of us can suffer life-changing injuries and damages. Bringing a lawsuit for injuries caused by a defective product can help the injured person and/or his family recover full and fair compensation to fix what can be fixed, and can also force negligent manufacturers or designers to make their products safe so that the community will be protected from further harm.
If you or a loved one was injured while using a faulty or defective product, a Biloxi defective products lawyer might be able to help. If successful, you may have a right to compensation for past and future lost wages, past and future medical expenses, emotional anguish, pain and suffering, incidental expenses, and other losses. To find out what your rights and available claims are, or to discuss filing a claim, contact a compassionate attorney today. Consultations are always free.