As consumers, we purchase products with the belief that they are safe for their intended use. Unfortunately, not all products are. When a product is defective to the point that it poses risks of injuries, consumers can suffer harm that could and should have been prevented. Such as the Exactech knee replacement implants manufactured after 2004 that are being recalled. Fortunately, product liability laws allow victims harmed by all types of consumer products to bring legal action against the manufacturer or other party that made an unsafe product available to the public.
Because product liability claims typically involve product manufacturers and other corporations that have extensive assets at their disposal, these claims can be challenging. At Richard Schwartz & Associates Injury Lawyers, P.A., our defective product lawyers have the insight, experience, and resources to help injured victims and families across Mississippi effectively level the playing field with these large corporations – many of which put profits over people in their attempts to defend against claims and pay as little as possible.
Types of Product Liability Claims
Product liability generally requires manufacturers, distributors, and others that make products available to consumers to ensure the products they make and provide are safe for their intended use. Errors made when designed, manufacturing, or even marketing a product can make them inherently dangerous, and can subject innocent consumers to preventable injuries.
- Design defects – Some consumer products are inherently dangerous from their inception due to unsafe designs. When a product is designed in a way that it poses unreasonable hazards, injured victims will need to show that a safer design was possible, and that a product manufacturer failed to uphold its duty when it still produced and released the product.
- Manufacturing defects – Manufacturing defects are among the most common product liability claims, and they refer to errors made during the actual construction of a product. Manufacturing defects can occur for a number of reasons, including poor quality materials, substandard workmanship, inadequate oversight or quality control, and inadequate testing.
- Marketing defects – Some defective products cause injuries to consumers as a result of being improperly marketed. Commonly, these cases involve failures to adequately warn about risks a reasonable and competent consumer would not be aware of when using a product.
Determining the type of product liability claim in your case is a matter that requires personalized review and investigation. When you discuss your case with our team, we can explore the available options in your case, and pursue the most appropriate avenue to establish fault and liability and help you fight for the compensation you rightfully deserve.
Our firm is prepared to handle a range of defective product cases:
- Defective auto parts (tires, brakes, airbags, etc.)
- Defective children’s toys
- Defective medical devices, like the Philips CPAP machine
- Unsafe medications (prescription and OTC)
- Defective sports or recreational equipment
- Unsafe appliances and machinery
- Other defective consumer products
Defective Product Injuries & Your Rights
If you or someone you love has been injured by a defective product, you might have the right to pursue compensation for your economic and noneconomic damages. These damages typically include:
- Physical pain and suffering
- Emotional injuries and mental anguish
- Medical expenses, including any future medical needs
- Lost income and diminished earning capacity
Every case is unique, and the way in which injuries impact a victim’s life will always be different. In some cases, especially when defective products cause catastrophic injuries or wrongful death, families of victims may also be able to seek damages for their emotional and financial losses. Our Jackson-based legal team works diligently to understand and illustrate the full scope of our clients’ damages in order to fight for the maximum compensation possible.
Trust a Firm With 40+ Years of Loyal Personal Injury Service
Richard Schwartz & Associates has earned a reputation as a skilled personal injury law firm in Mississippi that prioritizes client support and satisfaction. Our awarded lawyers go above and beyond in our efforts to provide clients with the support they need during difficult times and to be readily available to their needs. If you or a loved one have been injured due to another's negligence, contact us today.
