- 1 Are you in need of a Products Liability Lawyer in Mississippi?
- 2 Products Liability
- 3 Product Liability and Class Action Lawsuits
- 4 Determining Who is at Fault for a Defective or Dangerous Product
- 5 Product Recalls for Burn and Fire Risks
- 6 Talcum Powder and Ovarian Cancer Lawsuits
- 7 Choosing a Product Liability Attorney
Are you in need of a Products Liability Lawyer in Mississippi?
When goods that are hazardous, even when being used in the way in which they were intended, are sold to customers, they have the potential to bring about severe, sometimes permanent injuries. A lot of faulty products are recalled each year for generating thousands of critical injuries, even fatalities. Items that ignite or are a fire hazard, especially any that are fueled by gas or electricity, are usually some of the more lethal defective products.
If an unsafe product harms you or someone you love, you are able to file a product liability claim against the distributor, manufacturer, or seller of the item. Regardless of whether or not you purchased the product or were simply looking at it when you were hurt, you might qualify for financial compensation for your injuries, hospital bills, lost wages, and pain and suffering. See also: Jackson Product Liability Lawyers
If you’ve lost a loved one due to a defective product, you deserve compensation for funeral costs, their medical bills, as well as other damages. The attorneys at the Germany Law Firm, PLLC have been helping injured victims in Mississippi get the compensation that they are entitled to for the injuries they sustained in a product liability accident. If you believe that your injury or your loved one’s death was caused by the carelessness, recklessness, or negligence of a manufacturer, designer, distributor, or other such entity, you may be able to file a personal injury claim to cover your losses. Contact our law office today to speak with a knowledgeable attorney who can answer all of your questions.
Products liability is legally defined as the liability of a vendor or manufacturer of goods to be financially accountable for any injury resulting from a faulty product that they have sold. According to the product liability laws here in Mississippi, companies have a responsibility to make certain that their goods are reliable and safe for customers, and also have adequate warning labels stating any possible dangers or issues that might arise as a result of using the item. Due to these strict rules, any time a customer buys a product, and an injury is caused by a faulty part or problem with the design of that product, the injured victim may be entitled to compensation. Serious accidents and injuries take place every single day in the United States because of flawed goods and products, such as defective car parts, medications, machinery, and children’s toys.
A manufacturer has an obligation to ensure that their product is as safe as possible. In the event that this criterion is unable to be met, the manufacturer is obligated to sufficiently inform the general public regarding the dangers connected to the item in question. The customer, moreover, has a duty to use the product as directed. Should the customer explicitly abuse the item, they would be unable to receive any financial compensation according to Mississippi’s product liability laws, regardless of how critical the resulting injury.
Product Liability and Class Action Lawsuits
Many product liability claims become class-action lawsuits, provided that multiple people were injured by the defective product. The injured victims join forces to sue the company splitting all legal costs and dividing up any settlement that is awarded.
There are several categories that will allow for a product liability lawsuit to be brought forward. The three main categories are:
- Negligence: A negligence product liability claim demonstrates that the goods in question were made unsafe as a consequence of the negligence demonstrated by one of the components along the manufacturing line.
- Strict liability: A strict liability claim demonstrates that your or your loved one’s injuries are the direct consequence of faulty goods. A strict liability claim is not required to prove neglect. This claim merely confirms that the item was faulty.
- Breach of warranty: If you or someone you love was harmed by a product while they were using it in its designated way for its designed purpose, you might be able to file a breach of warranty claim. Even though most breach of warranty claims are filed when there is either an expressed or written warranty, the law also acknowledges some inferred warranties. The item also has to satisfy the criteria outlined by the Uniform Commercial Code used by the governing state.
Determining Who is at Fault for a Defective or Dangerous Product
Just about any item that you come across or use can be the foundation of a product liability claim provided that the item was faulty and caused harm to you or a member of your family. A faulty product can mean anything from a part of your brand new vehicle that ended up not working properly, a defective seat belt, a defective airbag, a product or toy designed specifically for a small child, or a prescription drug with dangerous side effects.
Manufacturers and retailers who produce extremely unsafe or faulty items can be found liable and be held responsible for the dangerous product. The following are examples of dangerous circumstances:
- Inept testing and/or inspection of the item prior to releasing it to the public
- Neglecting to identify and fix a severe flaw in the product
- Failure to recognize just how unsafe the item is
- Nonexistent, incomplete, or inadequate information that was available on the perils and risks affiliated with the item.
Product liability claims demand a meticulous examination of the item in question and must show that the product was defective. This will help when determining which entity in the manufacturing process is liable for the injuries that you or your loved one has sustained as a result of the defective product. Based on the origin of the defect, multiple parties may be held liable under Mississippi’s product liability statutes, including the:
- Parts Manufacturer
- Packaging Company
- Assembling Manufacturer
Product Recalls for Burn and Fire Risks
There is no shortage of faulty, unsafe, shoddy products for sale that are ultimately recalled because their usage has a risk of causing burns and starting a fire. A few of the different items that have been recalled due to burn risk or fire hazard include:
- Defective botanical candles: When lit, the dried wildflowers caught on fire
- Faulty ceramic teapots: The teapots burst, spewing scalding water all over the person nearest to the pot
- Insufficiently tested space heaters: Overheated, making the surface become hot enough to start a fire
- Inadequately tested fire extinguishers: Neglected to shoot when the mechanism was properly triggered
- Unsafe microwaves: House fires started by broken control panel membranes
- Faulty conventional stoves/ovens: Imploded glass and ceramic cooktops, as well as glass door panels
- Defective propane tanks: Broken valves or incorrect handling caused an explosion
Talcum Powder and Ovarian Cancer Lawsuits
Our Mississippi product liability attorneys have been litigating against Johnson & Johnson for the talcum powder they used in their products which has been connected to women with ovarian cancer. Executives for the pharmaceutical giant are accused of having deliberately disregarded scientific findings that the talcum powder used in their products yields substantially higher odds of developing ovarian cancer. Talc, the softest of all minerals, has a plethora of consumer and industrial uses, including the manufacturing of paper, paints, ceramic materials, roofing, rubber, and even as an additive in food products, cosmetics, and a filler in pills and capsules.
The iconic Johnson & Johnson’s Baby Powder, introduced in 1894 and used for more than a century to freshen babies’ bottoms and the private parts of men and women alike, has been regarded as a quintessentially wholesome product. The Baby Powder also includes talcum powder and, as such, has been vilified right alongside the corporation’s other talc-containing products, such as Shower-to-Shower. Shower-to-Shower is the feminine hygiene powder manufactured by Johnson & Johnson which has explicitly and repeatedly been associated with ovarian cancer.
The most horrifying part of this lawsuit is Johnson & Johnson’s flagrant disregard for its own product liability in an effort to keep sales up and their profits growing. They made absolutely no effort to have these dangerous products eliminated from retail sales to keep their consumers safe, and they made zero attempts to inform and warn people about the considerably greater risk for ovarian cancer in which consumers were inadvertently placing themselves. Their profit margin was more of a concern than the well-being of their consumers.
Big Pharma can scarcely claim ignorance of its actions since there are published studies going back 20 years that confirm that feminine hygiene products containing talc, such as those sold by Johnson & Johnson, lead to cancer and, ultimately, death. This systemic corporate bad behavior has led many to the realization that crime does in fact pay. If Johnson & Johnson can rake in $35 billion over the life of a product and pay a trivial $3 million fine years down the road, that’s just a smart investment to them.
Choosing a Product Liability Attorney
The attorney that you select to represent you in a defective or dangerous product lawsuit needs to have extensive experience and knowledge of all Mississippi laws with regard to these types of lawsuits. The lawyers at the Germany Law Firm, PLLC have more than 38 years of personal injury law experience successfully representing injured victims in Jackson, Mississippi and all of its surrounding areas. All of our attorneys have excellent communication skills and will answer any and all questions that you may have about your product liability injury and will be able to let you know if you have the right to pursue a personal injury claim. Our attorneys offer a free consultation to prospective clients in the state of Mississippi so that they can more closely examine the details of your case.
At the Germany Law Firm, PLLC, we have attained prosperous settlements and favorable verdicts for our clients who have endured injuries as the outcome of using one of these defective and dangerous products.
We are committed to our clients and we will tirelessly and aggressively fight on your side from the beginning to the end. If you or a family member has been injured because of a consumer product or a medical product, we can help you get the compensation that you are entitled to for your injuries and losses. Contact the Germany Law Firm, PLLC today to speak with a knowledgeable product liability lawyer at 601-487-0555 today.