Product Liability

Jackson Product Liability Attorney

Representing Clients Throughout Mississippi & Georgia

Aggressively Advocating for Your Right to Damages

If you’ve been injured by a damaged or malfunctioning product, you have the right to claim damages for your injuries. The product at issue could be many things – such as a hip implant or another medical device or a drug prescribed to you or a vehicle with a malfunctioning component or with a design defect. Depending on the situation, you and your attorney may be able to negotiate a settlement with an insurance company, but if they lowball you, the case can proceed to court. Your attorney can file a lawsuit for damages on the grounds of product liability, and you might be able to recover a range of things from lost wages to medical expenses to pain and suffering. Attorney John F. Hawkins aims to take an aggressive approach to litigation, so he will put up a tough fight for you in court.

Focus on your recovery while we handle the legal disputes. Schedule a free consultation with Hawkins Law, P.C. to discuss your product liability case in more detail.

What Constitutes Product Liability?

Product liability is when a defective product results in some kind of injury to the user or consumer. There are too many potential product liability claims to name but some examples of product liability include:

  • faulty brakes of a car or truck;
  • malfunctioning airbags;
  • children’s toys that are a size that can be swallowed;
  • defective medical devices;
  • water heater defects;
  • prescription medication not listing side effects.

There are three categories of product liability, or ways a product can be deemed defective:

  • Design defects – unsafe designs, such as power tools without safety guards or toys that can be easily swallowed by young children
  • Manufacturing defects – malfunctions in the assembly line or the use of wrong parts that cause the product to be dangerous or fail
  • Failure to warn (marketing defects) – failure to warn of product dangers by not labeling the packaging or products with instructions and warnings necessary for safe use

It’s best to enlist the help of an experienced product liability lawyer on your claim, as an attorney will better know what type of product liability you can sue for, as well as how to prove it. Manufacturers may attempt to skirt their responsibility by concealing information about their manufacturing or product design practices, so an experienced lawyer can provide more rigorous insight into unearthing these dishonest practices and helping you secure damages for your unfair injuries.

Who Is Liable for a Defective Product?

In product liability cases, the manufacturer is liable for injuries caused by their defective products, and legal action can be taken against them based on one of the following grounds:

  • Negligence – e.g., the manufacturer did not put the product through a routine quality check, the manufacturer had knowledge that the defective product was being constructed of the wrong materials, etc.
  • Breach of express warranty – express warranties guarantee whatever is written, such as if the product instructions state that a toy is safe for children 3 years old but that proves to be false
  • Breach of implied warranty – implied warranties are what products are supposed to do, such as a seatbelt’s implied purpose to safely restrain passengers; a device’s failure to function may be a breach of implied warranty.

To prove a case of product liability against a manufacturer, it must be shown that (1) an individual was injured by the defective product, (2) the product was defective (based on design, manufacturing, or failure to warn), (3) the defect caused the individual’s injuries, and (4) the product was being used appropriately and as intended.

If you or a loved one has been injured by a defective product in Jackson, MS or Atlanta, GA, reach out to Hawkins Law, P.C. for legal support. We can help you prove all the elements of your product liability incident to help you secure damages ranging from medical bills to pain and suffering. Product liability claims must typically be filed within 3 years of the date of the accident. Do not hesitate to speak with a lawyer as soon as possible to get started on your case.

Schedule a free consultation with Hawkins Law, P.C. to learn more today.

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