Our product liability attorneys at Richard Schwartz & Associates are skilled in legislation protecting consumers from injuries caused by faulty goods. When a user is injured due to a defective product, several parties may be held liable for providing a product that they knew or should have known posed an inherent hazard. A company or individual might be held responsible for a range of items, including faulty medical devices and meals that cause food poisoning.
If a faulty product has hurt you or a loved one, you may be entitled to compensation. Our law firm has an excellent track record of litigating product liability claims and obtaining compensation for clients. Please fill out our free, no-obligation case evaluation form right now to see if our attorneys can help you.
Common Causes of Product Liability
A court may use three basic kinds of flaws to determine whether or not a producer or supplier is accountable for a consumer’s losses.
These flaws are the most common reasons for initiating a product liability lawsuit:
- Advertising defects / Failure to warn – Labels, packaging, and other printed marketing materials may lack critical information that consumers need to use the product safely, such as statements about side effects.
- Design defects – These are faults that result from the product’s design.
- Manufacturing defects – These are defects that occur during the manufacturing process, including assembly and packaging.
The intricacy of product liability claims is sometimes hard to grasp. Not to mention that manufacturers and designers frequently have teams of insurance defense attorneys on staff to defend their goods.
We are here to assist you with your legal concerns, as we understand how difficult it may be to sort everything out on your own. We can help you get the compensation you deserve for any injuries or losses resulting from defective products.
Our skilled product liability attorneys have a well-deserved reputation for defending and winning for the injured. Our award-winning team of lawyers has the experience and resources to fight for your rights against these big businesses and corporations.
Types of Product Liability
Product designers, producers, and sellers may all be held liable for injuries caused by their products. If you or a loved one was injured by a faulty product in Tupelo, MS, you or they might be eligible to seek compensation through three types of claims:
- Strict Liability – With a strict liability claim, the victim must show that a defect was present and that injury or sickness was caused by it. If the defect is discovered, the producer may be held strictly liable even if they took great care while developing, producing, or distributing the product.
- Negligence – Negligence is one of the most frequent causes of claims. It must be demonstrated that the defendant had a duty to offer a safe product. Second, the plaintiff must show that the defendant failed to comply with this responsibility. Last but not least, it must be established that the faulty product was a cause of harm. The most common types of product liability are design and production defects. Negligence can also occur if a firm fails to anticipate various or potentially harmful applications for the goods. If a firm does not thoroughly examine the product for side effects, negligence can also exist.
- Breach of warranty – Express and implied warranties are the two kinds of available warranties. Express warranties are expressly stated by the manufacturer or vendor. These warranties are typically found in written statements or advertising and indicate that no injuries will occur if the product is used correctly. An implied warranty is formed from a buyer’s reasonable expectation that a product would be utilized as intended without causing harm.
If you have been harmed or became ill due to a faulty or hazardous product, contact a Tupelo, Mississippi, product liability lawyer for a free case analysis.
Examples of Dangerous Products
We assist all product liability victims in determining if they have adequate grounds to bring a lawsuit for compensation.
Some examples of defective products include:
- Child car seats
- Dangerous products ( 3M Earplugs, Roundup, Takata Airbags )
- Defective and dangerous drugs such as Valsartan
- Defective vehicle parts
- Baby cribs
- Medical devices ( Hernia Mesh, IVC Filters )
- Dangerous toys
- Tainted food products
- Over-the-counter medications
About Class-Action Lawsuits
A product liability lawsuit in Mississippi may be filed as part of a class action or as a standing solo action. If it is revealed that a particular product has caused a large number of consumers to suffer the same injuries, a class-action lawsuit may be filed. For example, a class-action lawsuit may be filed over a prescription drug that resulted in hundreds of users suffering life-threatening side effects. When consumers experience significant or uncommon injuries on their own, a class action cannot be brought.
Who Is Liable for a Defective Product Injury?
An injured client may seek compensation from one or more liable parties, such as manufacturers, wholesalers, and/or retail outlets, depending on the circumstances of the case. In a product liability case, it is not necessary to choose one liable party over another; any party involved in the distribution of a defective product may be held responsible through a product liability lawsuit. Therefore, it is critical to include any party linked in the distribution chain when beginning a claim for a defective product.
- Manufacturer: Any party involved in the design or marketing of the product can be considered a defendant. This might include a huge multi-national business, an individual working out of their garage, or any other individuals concerned with the product’s creation or promotion.
- Retailer: When a business offers an item for sale, it implies that the goods are both safe and appropriate to use. Even if the seller of a faulty product was not involved in its production, they might be held liable for damages.
- Wholesaler: The wholesaler acts as the “link” between the manufacturer and the retailer.
The manufacturer, wholesaler, retailer, and/or any other person or entity who sold or distributed the defective product could all be held liable for the injuries caused by the defective product.
Contact a Tupelo, Mississippi Product Liability Lawyer
If a defective product caused an illness or injury that might have been prevented had the firm not acted negligently in developing, manufacturing, or marketing the item, they could be held responsible. The lawyers at Richard Schwartz & Associates in Tupelo, Mississippi, believe that businesses that create potentially hazardous products should be held liable for any unethical practices that result in client injuries. Working with a competent and experienced Tupelo, Mississippi, product liability lawyer might help you get more of the money you deserve.
Richard Schwartz & Associates’ attorneys can assist you through the issues that will likely emerge throughout a product liability lawsuit. We always have our clients’ best interests in mind and have obtained favorable judgments and settlements for hundreds of clients. Contact us today.
