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 lawyer, you could focus on your recovery with the knowledge that a legal professional is pursuing a claim for full and complete recovery.
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.
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 will not accept a settlement offer, an injured plaintiff would need to pursue a full legal case with the help of a defective products lawyer in Biloxi in order to obtain full compensation.
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.
If you or a loved one was injured while using a faulty product, a Biloxi defective products lawyer might be able to help. If successful, you may have a right to compensation for lost wages, medical expenses, emotional anguish, pain and suffering, and other losses. To find out what your rights and available claims are, or to discuss filing a claim, contact a compassionate attorney. Consultations are always free.