Product Liability Attorneys in Biloxi
No matter how careful you are, how carefully you read and follow directions or how closely you follow your doctor’s orders, when a dangerous or defective product is involved it can be impossible to anticipate the risk or avoid injury. The Mississippi product liability attorneys of Reeves & Mestayer have extensive experience and a track record of success in helping victims of dangerous products throughout the US recover substantial compensation for their injuries. We are ready to fight for justice for you.
There are other dangers, like tobacco use, Fleet Phospho-soda defects, defective implants (hips, knees, and others), pain pumps, defective defibrillators, defective vaginal mesh and bladder slings, illnesses related to welding rods, and other hazardous products.
Defective Drugs
Pharmaceutical companies have a duty to warn consumers and doctors of the potential side effects their drugs can cause. When they fail to warn of the risks associated with a drug, or hide the dangers, and that drug causes injury or death, the drug maker can be held financially responsible through a product liability lawsuit.
A few examples of drugs that have been found to be defective include:
Defective prescription and over-the-counter (OTC) drugs can cause irreversible injuries, permanent impairment, and death. Pharmaceutical companies are notorious for putting profits above human lives. In most cases, the only real motivation to take a dangerous drug off the market is the cost of going to court and paying compensation to victims like you.
Defective Medical Devices
Today’s medical devices give us capabilities that, not too long ago, were the stuff of science fiction. Unfortunately, many of these devices are rushed through the clearance process with very little testing so that device makers can start selling and making money as quickly as possible.
The type of harm that a defective medical device can cause depends on the type of device and the nature of the defect. Examples of types of devices that are often defective include:
- Hip and knee replacement implants
- IVC Filters
- Transvaginal mesh/bladder sling
- Morcellators
- Implanted defibrillators
- Implanted pain pump
- Drug eluding stents
- Intrauterine contraceptive devices (IUDs)
Defective Products
When a manufacturer breaches its duty to make a safe product, they may be held legally accountable. Defective Consumer Products cases require substantial time and resources to pursue. The experienced products liability attorneys at Reeves & Mestayer have the imagination and perseverance required to engage in this type of litigation.
Recall or No Recall
If the drug or medical device that caused your injuries has been recalled, that can work in your favor in a product liability lawsuit. However, you may be able to recover substantial compensation even if no recall has been issued. Even when a device or medication is found to be dangerous, it may not be pulled from the market. When a recall does occur, very often it is only after many people have been injured or killed and in some cases after the manufacturer realizes that litigation has or will become so expensive that it outweighs the potential profit of keeping the dangerous product on the market.
At Reeves & Mestayer, we are recognized as ethical and aggressive, both in our region and throughout the US where we have been awarded leadership roles in some significant lawsuits. If you believe that your injuries were caused by a dangerous medication or a defective medical device, please call our Mississippi product liability lawyers right away, even if the product has not been recalled. We can help you determine if you have a case.
To learn more about your fights and potential compensation for your injuries or the death of a loved one caused by a defective product, please call the Mississippi product liability attorneys at Reeves & Mestayer, PLLC today at 228-374-5151 or toll free 1-855-558-2977 or contact us online to schedule your free initial consultation.
Frequently Asked Questions: Product Liability Claims in Mississippi
What is a product liability claim?
A product liability claim is a legal action brought against manufacturers, distributors, suppliers, or retailers when a defective product causes injury or property damage to a consumer. These claims hold businesses accountable for putting dangerous or unsafe goods into the marketplace. Success depends on proving the product was defective and directly caused your harm.
What are the primary theories of liability in Mississippi?
Mississippi law primarily handles these legal actions under the Mississippi Products Liability Act. Plaintiffs generally pursue claims based on strict liability, negligence, breach of warranty, or misrepresentation. The statute sets specific guidelines for showing that the item was unreasonably dangerous when it left the control of the manufacturer or the designated seller.
What types of product defects are recognized?
State law recognizes three distinct categories of product defects: manufacturing defects, design defects, and inadequate instructions or warnings. A manufacturing defect happens during production, making a single item flawed. Design defects affect an entire product line. Inadequate warnings involve a failure to properly inform consumers about foreseeable risks associated with the item’s use.
What is the statute of limitations for filing a claim?
You generally have three years from the date of the injury to file a product liability lawsuit under Mississippi Code § 15-1-49. If the injury is not immediately discovered, the clock may start when the harm should have reasonably been found. Failing to file your lawsuit within this strict timeframe will permanently bar you from recovering compensation.
What is the statute of repose in Mississippi?
Mississippi imposes a statute of repose for certain product liability actions, usually limiting claims to ten years from the date of the product’s initial purchase. This rule applies even if the injury occurs many years later. However, specific exceptions exist, such as for products with a warranted useful life exceeding ten years or cases involving fraud.
Can a plaintiff use the breach of warranty theory?
Yes, plaintiffs can file claims based on a breach of express or implied warranties. An express warranty is an explicit guarantee made by the seller regarding the product. An implied warranty guarantees the item is merchantable and fit for its ordinary purpose. Both theories require showing that the product failed to meet these standards.
Who can be held liable in a product liability lawsuit?
Liability can extend to any commercial entity in the chain of distribution. This includes the original product manufacturer, component part makers, assemblers, wholesalers, and retail store owners. Each party plays a role in bringing the item to market, meaning multiple defendants may share legal responsibility for the resulting injuries sustained by the consumer.
What must a plaintiff prove in a design defect case?
To win a design defect case, you must prove that a feasible alternative design existed. The alternative design must have been capable of preventing the harm without unreasonably impairing the product’s utility or purpose. Expert testimony is almost always required to establish that the chosen design was dangerous and economically feasible to alter.
How do inadequate warning claims work?
Manufacturers must provide clear warnings regarding non-obvious dangers associated with their products. A claim for inadequate warnings asserts that the company failed to alert users to foreseeable risks or improper uses. The plaintiff must show that a proper warning would have altered their behavior and successfully prevented the resulting injury.
What defenses can manufacturers use against claims?
Manufacturers often argue that the consumer misused the product, altered it after purchase, or assumed the obvious risks involved. They may also claim that the statute of limitations has expired or that the plaintiff failed to follow safety instructions. Proving these affirmative defenses can reduce or completely eliminate the manufacturer’s financial liability.
Does Mississippi follow comparative fault rules?
Mississippi applies a pure comparative fault system in personal injury and product liability cases under Mississippi Code § 11-7-15. This means that if you are partially at fault for your accident, your compensation is reduced by your percentage of blame. Even if you were mostly at fault, you can still recover a portion of your damages from the liable defendants.
Do I need an attorney for my product liability case?
Product liability cases involve complex scientific evidence, strict statutory rules, and aggressive corporate defense teams. Hiring an experienced attorney is vital to investigate the accident, hire engineering experts, and preserve crucial evidence. Legal representation significantly improves your chances of navigating the court system and securing fair financial compensation.
