We often believe that the products we buy are safe when used correctly. Unfortunately, this is not always true. Consumers are often injured by dangerous or defective products even when they use them according to the manufacturer’s instructions.
If you experience illness or injuries from a defective product, you may be entitled to compensation. Product liability laws allow victims of unsafe products to bring legal action against the manufacturer or other party that made the product available to the public. If a defective product has harmed you, it is essential to speak with an experienced defective product lawyer as soon as possible.
Call Richard Schwartz & Associates Injury Lawyers, P.A., at (601) 988-8888 for your FREE consultation today at Our experienced product liability lawyers in Jackson, MS will work hard to help you get the compensation you deserve.
What Makes a Product Defective?
Defective products can cause many types of injuries, from lacerations and burns to even death. According to Lex Machina's 2023 Product Liability Litigation Report, there were 5,826 product liability lawsuits filed in the U.S. in 2022 (excluding Multi-District Litigation cases). Between the years 2018 and 2022, $214 million in damages was awarded to injury victims in class action settlements and an additional $201 in punitive damages.
According to MS Code § 11-1-63, a plaintiff can bring a products liability lawsuit if any of the following circumstances apply:
- Defective Design — This means that there is a design flaw in the product. All the items produced with that design are dangerous, not just a batch of them.
- Manufacturing Defects — This is when a manufactured product causes an injury. The defect can be from a production error or fabrication mistake. A manufacturing defect might only impact a few of the total products.
- Failure to Warn — A company might be liable if they failed to warn of a product’s proper and intended use or failed to inform of a product’s dangers that are not obvious.
- False advertising or representation — The company who manufacturs or sells the product failed to represent factual information about the product, thereby misleading the public and resulting in injury.
Types of Products Frequently Involved in Claims in Jackson, Mississippi
Our firm has the experience to deal with a wide range of defective products lawsuits. The following types of items and more have resulted in injury claims:
- Medical devices
- Pharmaceuticals (prescription and OTC)
- Cars and automobile parts (airbags, brakes, tires, etc.)
- Building materials
- Power tools
- Household appliances
- Defective sports or recreational equipment
- Children’s toys
- Baby products
- Baby furniture
- Food products
What Should You Do If You Have Injuries From a Dangerous Product?
If a defective product has seriously injured you, take the following steps to document the incident. They will help your case in a products liability claim.
- Keep the product. The defective product is evidence, so don’t throw it away if the product has damage or is in pieces. Also, keep the original packaging, instructions, and receipt if you still have them.
- Seek medical attention. If a faulty product has seriously injured you, you may have already received medical treatment. Get expert care from a doctor after any severe accident and do what your doctor says. Keep track of your treatment and take pictures of any injuries. Keep all of your healthcare documents and receipts together.
- Document what occurred. Write down what you were doing at the time of the accident and your injuries. Don’t solely rely on your memory. Ask witnesses to write down what they saw.
- Call a Jackson, MS product liability lawyer. The manufacturer of the faulty product has a team of lawyers on their side. It is best to hire an experienced lawyer who can handle your product liability case.
A lawyer will investigate your case and determine the type of product liability claim you have.
Injuries from Dangerous and Defective Products
The injuries that result from a defective product are diverse. However, the injuries are generally due to the product and the type of fault. A faulty vehicle part, for example, may result in a car accident that causes fractures or concussions, while a defective children’s toy might cause asphyxiation or poisoning.
Defective medical devices and dangerous drugs can cause transient or permanent illnesses or injuries. Defective machinery can cause amputations or other severe injuries. A products liability lawyer will investigate your case and fight for your rights.
How Do You Calculate Damages in a Jackson Products Liability Suit?
When a dangerous or defective product causes harm, you usually file a product liability claim. That might entitle you to compensatory damages, which are compensation for the injury. These damages can be economic or non-economic.
Economic damages refer to the money you might be able to recover for things you can assign a monetary value to, such as:
- Current and future medical expenses
- Lost wages and potential income
- Property loss or damage
Non-economic damages (sometimes known as "punitive damages") are compensation for non-monetary losses, such as:
- Pain and suffering
- Emotional injuries and mental anguish
Every case is unique, and how injuries impact a victim’s life will always be different, especially when a defective product causes catastrophic injuries or wrongful death. Family members of victims may also be able to seek damages for their emotional and financial losses.
Were You Injured by a Defective Product?
Product liability claims are complex because they generally involve manufacturers and other organizations with substantial assets at their disposal. With more than 40 years of experience, our Jackson products liability lawyers at Richard Schwartz & Associates are highly experienced in fighting for victims of dangerous products.
We have the knowledge and resources to take on large corporations and insurance companies. The product manufacturers have attorneys on their side, and you should also have legal representation. When you hire us to represent you in a product liability lawsuit, you can be confident that we will communicate with you throughout the process. We strive to build a solid attorney-client relationship with everyone we represent.
Contact our Jackson product liability attorneys for your FREE consultation today.
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