Respected Gulfport Product Liability Lawyers also Serving Biloxi
The products we buy are supposed to make our lives better. From children’s toys to kitchen appliances, and from frozen foods to medications for older adults, we expect the products we buy to be safe and contribute to helping us lead healthy, fulfilling, and enjoyable lives.
Unfortunately, far too often, the products we buy are not safe for their intended use. Whether due to faulty design or mistakes during the manufacturing process, each year companies sell millions of products that are dangerous and defective. Products are also frequently sold without necessary warnings, leaving purchasers and users exposed to a variety of unexpected potential hazards. If this is your experience, you need one of our Gulfport product liability lawyers from Smith & Holder, PLLC.
Understanding the Mississippi Product Liability Act
The Mississippi Product Liability Act governs all personal injury claims based on defective products brought in Mississippi. The basic framework is that an injured person must show that the product is defective through either a manufacturing defect, a defect in warning or instruction, design defects, or the breach of an express warranty; that the defect in the product rendered the product unreasonably dangerous; that the defect and unreasonably dangerous condition of the product proximity caused the damages for which recovery is sought; and that the defective condition existed at the time the product left the control of the manufacturer, designer, or seller. Within this framework, injured persons may face additional context-specific hurdles depending on the type of claim begin made.
However, product liability claims are often more difficult to prove than other types of claims for financial compensation. Why? Because the companies facing liability will vigorously dispute any allegations that they have designed, manufactured, or sold a defective product. They will challenge any evidence that their products are defective, and they will use aggressive litigation tactics to try to convince victims and their families to give up on pursuing their legal rights.
At Smith & Holder, PLLC, our Gulfport personal injury lawyers do not back down in the face of conflict. We are passionate about fighting for our clients, and we pursue aggressive and creative case strategies that are custom-tailored to the facts of each individual client’s case. We know what it means to suffer a catastrophic injury or lose a loved one due to a product defect, and we are committed to making sure that all of our clients receive maximum compensation for their injury-related losses.
Product Liability Attorneys Serving Gulfport for Cases Involving Dangerous Products
Appliances and Home Products
We use countless products in our homes every single day. From kitchen applies and clothes washers to cleaning solvents and hot water heaters, all of these products have the potential to cause serious harm if they malfunction or do not operate as intended.
Building and Construction Materials
Defective electrical wiring, gas lines, and other building and construction materials have the potential to cause serious harm as well. From electrocutions to house fires, when these products fail, construction workers and homeowners can suffer catastrophic and life-changing injuries.
Cars, Motorcycles, Trucks, and SUVs
Some of the largest product recalls in modern history have involved defective vehicles and vehicle components. Airbags, brake pedals, electronic systems, engines, transmissions, tires, seatbelts, and other components all have the potential to be defective. And when they are, they can cause serious accidents and accident-related injuries.
Children’s Products and Playground Equipment
Baby slings, cribs, car seats, toys with small parts, playground equipment, and various other types of children’s’ products have all been the subject of products liability claims in recent years. If your child was seriously or fatally injured in an accident that you suspect involved a defective product, we want to help your family recover.
Our lives are increasingly revolving around electronic products. Many people use a cell phone and computer for several hours each day, and toys and tools are increasingly incorporating electronic components. From fires to auto accidents resulting from faulty GPS directions, electronic products can cause harm in a variety of different ways. The companies that make and distribute defective electronics deserve to be held fully accountable.
Defective medications can be extremely dangerous to individuals of all ages. Ineffective medications can leave patients without the treatment they need, while medications that cause overdose can trigger potentially life-threatening reactions. Inadequate warning labels, unsafe packaging resulting in child poisoning, and various other issues can support defective medication claims as well.
Sports and Recreation Equipment
Pool floats, items with ropes and other choking hazards, unsafe sports goals and gymnastics equipment, and rock climbing gear are just some of the types of sports and recreation equipment that can cause dangerous accidents if they are sold with defects. Even when these products are sold with labels stating that the user “assumes the risk” of injury or death, accident victims will still often be entitled to seek financial compensation.
Tools, Equipment, and Machinery
Defective hand tools, power tools, earth moving equipment, forklifts, and other types of equipment and machinery can present extreme risks for workers and homeowners. If you or a family member has suffered a head injury, back injury, broken bone, loss of limb, or any other catastrophic injury as a result of a defective tool or piece of equipment or machinery, you may be entitled to a significant financial recovery.
The types of products that have the potential to be defective are far too voluminous to list. If you or your child has been injured, or a loved one has been killed in any accident involving any type of product, it will be worth your time to speak with a lawyer about your legal rights. At Smith & Holder, PLLC, we are happy to discuss what happened and help you make informed decisions in a free, no-obligation initial consultation at our law offices in Gulfport.
Q&A with Our Mississippi Product Defect Lawyers
Q: When is a product considered to be legally 'defective'?
Under Mississippi’s products liability statute, there are four ways in which a product can be considered legally “defective.” A product will be deemed defective if:
- “[It] deviated in a material way from the manufacturer’s specifications or from otherwise identical units manufactured to the same manufacturing specifications; or
- “[It] failed to contain adequate warnings or instructions; or
- “[It] was designed in a defective manner; or
- “[It] breached an express warranty . . . .”
The first three types of product defects listed under the statute are commonly known as design defects, manufacturing defects, and “failure to warn.” In all cases, the types of compensation available to victims and their loved ones are the same and include damages for all forms of financial and non-financial harm.
Q: How can I prove that a product was defective?
Proving that a product was defective can be a challenge, especially where the product has been consumed (as in the case of food or medication) or destroyed (as in the case of a building material that causes a house fire). However, there are various forensic methods available for determining the cause of a product-related accident. By working with product engineers and other experts, we can gather the evidence needed in order to prove your right to just compensation.
Q: What should I do if I suspect that an accident or injury was caused by a defective product?
If you suspect that an accident or injury is the result of a product defect, there are several steps you should try to take in order to preserve your claim for maximum financial compensation. If possible, you should:
- Keep the defective product (or any remains of the defective product);
- Keep the defective product’s packaging;
- Take photos of the product if you are unable to keep it (i.e. if the accident involved a piece of heavy machinery or playground equipment);
- Seek immediate medical attention; and,
- Discuss your case with a products liability attorney as soon as possible.
5 Reasons to Choose Smith & Holder, PLLC for Your Product Liability Claim
When you need help recovering from an accident or injury caused by a product defect, your choice of legal representation matters. So, why should you choose the products liability lawyers at Smith & Holder, PLLC?
- A Creative Approach to Complex Legal Issues – We approach every case with an open mind and commitment to doing whatever it takes to win just compensation.
- Uniquely-Personalized Legal Representation – When we represent you, our focus is on helping you secure maximum compensation for your accident-related losses.
- Direct Access to Your Attorney – When you contact us, you will have the opportunity to speak directly with your attorney.
- Attention to Detail – From collecting key evidence of liability to ensuring that every last penny of your medical expenses is covered, we will focus on the details to help you win the compensation you deserve.
- Free Consultations and Contingency-Fee Representation – With us, it costs you nothing to learn about your rights, and you do not pay anything unless you win just compensation.
Get Started with Your Case Today; Call our Gulfport Product Liability Attorney
If you would like to speak with a lawyer about filing a products liability or other personal injury claim in Gulfport or Biloxi, we encourage you to contact us for a free, no-obligation consultation. To schedule an appointment at your convenience, please call (228) 206-7076 or tell us how our legal team at Smith & Holder, PLLC can help now.