Regular Handling Of Complex Products Liability Claims

Defective products can cause catastrophic personal injury and even death. Manufacturers must be held responsible when their product causes harm. At the law office of attorney John Hunter Stevens, in Jackson, we regularly represent Mississippi residents who are suffering loss resulting from defective products.

The Types Of Products Liability Cases We Try

We have procured numerous multimillion-dollar settlements and verdicts for our clients and have handled cases involving:

  • Dangerous or defective pharmaceutical drugs, such as Fen-Phen, Rezulin, Seroquel, Levaquin, Parlodel and Duract
  • Engineering defects in automobiles, UTVs and all-terrain vehicles (ATV), including defective tires, acceleration systems and negligent design
  • Toxic exposure claims, including asbestos and silica sand
  • Vaginal mesh and breast implants
  • Defective industrial equipment, including augers, press stamps and similar industrial machinery
  • Defective medical equipment, including hip and knee implants

What Makes Up A Products Liability Claim?

Products liability is an area of the law that has experienced complex evolutions over the years. What remains constant is that manufacturers of defective products exert tremendous efforts to defend these cases. Even though victims of a defective product are subjected to disastrous and often irreversible harm, companies, when considering the financial consequences of a defective product, will mount substantial defenses to avoid liability.

There are three different avenues to pursue a products liability case: negligence, breach of warranty and strict liability. Products liability cases based on a negligence theory look to the reasonableness of the defendant's conduct. Manufacturer's must exercise reasonable care in designing, testing, manufacturing and inspecting their products. Manufacturers as well as sellers must also exercise reasonable care to warn consumers of dangerous conditions. When a manufacturer or seller fails to fulfill these duties and a consumer is harmed, then they may be subjected to liability under a negligence theory.

Breach Of Warranty Claims

Another avenue to pursue a products liability case is under a breach of warranty theory. Under contract law, there are express and implied warranties. Defective products often constitute a breach of one or both of these warranties. When either warranty is breached, the injured party may sue for resulting damages.

Bringing A Strict Liability Claim

The final and often most effective avenue to pursue a products liability claim is under the theory of strict liability. Proving negligence can be very challenging, and a claim under a breach of warranty theory is often nullified by a disclaimer. The advantage of strict liability is that it is normally not necessary to prove negligence or breach of warranty. In order to collect damages under strict products liability, the victim must show that:

  1. The product is defective
  2. The defect existed prior to the product's release on the market
  3. And that the defect actually caused the victim's injury

Products Liability And Wrongful Death

We have also experienced substantial success in wrongful death claims involving defective products. If your family member died as a result of a defective product, we will vigorously pursue that claim as well.

To discover more and to find out whether you have a products liability claim, please contact our law office by calling 601-351-9329 for a free initial consultation with a lawyer.