Experienced Biloxi Product Liability Attorneys Ready To Help You
We often take for granted that when we buy something, we can take it out of the box and not worry about safety issues. But when defective products make it to market, they can cause both mild and serious injuries. If you were a victim, speak with our Biloxi product liability lawyer now.
It’s Better in Biloxi
There are many beautiful places along the Gulf coast, but none are quite like Biloxi, Mississippi. Biloxi boasts beautiful beaches, but that’s not all. Everyone can find something to love about the area, from outdoor activities like hiking and fishing to art galleries, casinos, and great food. And for the history buffs, there are plenty of historical landmarks and museums to feed the mind. Biloxi provides the best of both worlds, boasting small-town hospitality and big-city adventures.
What Is Product Liability?
Product liability law dictates that when a consumer is injured by a defective product, the manufacturer or seller is legally responsible for those injuries. Unlike in regular personal injury suits, an injured plaintiff can seek compensation from any company/party in the distribution chain, from manufacturers to assemblers, to retailers. Product liability law is designed to protect consumers and encourage safe business practices. For this reason, an injured person doesn’t have to prove that the defendant was negligent in any way. They need only prove that the product was defective and that an injury resulted from that defect.
Types of Defects
According to Mississippi Code § 11-1-63, also known as the Mississippi Product Liability Act, there are four categories of product defects that can give rise to a lawsuit.
- Manufacturing defect: The product (or part of a product) was made or assembled improperly.
- Warning defects: The product lacks proper labeling, sufficient instructions, or adequate safety warnings.
- Design defects: This defect is present from the beginning, even before something is manufactured, in that the design of the product is inherently unsafe or inadequate.
- Breach of warranty: The product in question breached an express warranty or failed to conform to other express factual representations that the consumer relied on. This one is less common than the other three.
If a person is harmed due to one of these recognized defects, they are entitled to seek fair compensation for their injuries and damages.
What Kind of Damages Can I Expect in a Product Liability Claim?
There are a few main types of damages that an injured party can recover in a product liability case.
Economic damages cover financial losses resulting from the injury, such as:
- Medical bills,
- Lost wages, and
- Property damage.
These damages are the easiest to prove because they are easily documented.
Non-economic damages include things like pain and suffering, which compensate for the physical and emotional pain the injured person endured as a result of the defect. This can also include damages for disfigurement and loss of life enjoyment. Mississippi law caps non-economic damages at $1,000,000 for all cases except those involving medical malpractice.
Punitive damages are more uncommon because they are recoverable only if the defendant’s conduct was exceptionally egregious. Mississippi law also caps punitive damages in a personal injury settlement. The applicable cap depends on the defendant’s net worth.
How Long Do I Have to File a Product Liability Lawsuit?
Just like every civil cause of action, a plaintiff has only a certain amount of time to file their lawsuit before they are barred from doing so. This is known as the statute of limitations. In Mississippi, the statute of limitations requires personal injury lawsuits to be brought within two years from the date on which the injury took place.
How Smith & Holder, PLLC, Can Help
Defective or dangerous products cause thousands of injuries every year in the United States. If you are injured by one of these products, it may feel like taking on the big companies is an impossible task. At Smith & Holder, we are here to help. No matter how big the company, responsibility for product defects is placed on everyone in the distribution chain. And if you are injured by a product, you have every right to seek compensation.
Product liability suits are complex, and establishing legal fault requires proper evidence. The team at Smith & Holder knows which evidence to gather and when to seek the assistance and testimony of experts if necessary. We know the law, and will push for every bit of compensation you deserve for your physical injuries, lost wages, pain, and suffering, and more.
Injured By a Defective Product? Call Smith & Holder Today!
If you suffered an injury as a result of a defective product, trucking accident, or auto vehicle accident in Mississippi, you are entitled to seek compensation for your losses. The Biloxi product liability attorney at Smith & Holder, PLLC, knows the law, and we are ready to be your advocates throughout the claims process. We offer a free consultation, so call us at 228-206-7076 or fill out our online contact form to schedule an appointment with us today.