Clients often contact us because they have been injured by a product they purchased. Tragically, some of those clients contact us because a family member has been killed by a product. In those horrible situations arise, you have the right to be compensated financially for the injury or death, the suffering, and other economic damages resulting from the injury or death. Where the manufacturer’s conduct is particularly egregious, punitive damages may also be assessed against them to punish them for particularly wonton disregard of consumers’ safety.

Understanding Product Liability

If you are injured by a product, the first step in attaining compensation is to perform an investigation to determine the cause of the injury. While many times a defect in the product caused the injury or death, there are also many instances where the product was not defective and the injury was caused by user error or subsequent changes to the product’s design by a third party. In instances where the product caused the injury or death, the investigation will categorize the cause as either due to (1) design defect, (2) manufacturing defect, or (3) a manufacturer’s failure to warn the consumer.

What are Design Defects?

If an investigation determines that the product contained a “design defect,” it means that the way the product was designed resulted in it being inherently dangerous. “Inherently dangerous” can be determined many different ways, but it usually must show that the product was used as it was intended, harmed the user, and an aspect of the design caused the harm. While you will need experienced counsel to explain why something was “inherently dangerous,” it can be summarized as something that was manufactured correctly and had an adequate explanation regarding its use, but that caused harm because of its design. If that harm was caused by a failure to safely design a product to be used safely as advertised, you may be entitled to compensation.

What are Manufacturing Defects?

A manufacturing defect was designed correctly by the manufacturer but was somehow produced or constructed with a flaw. These products were not produced or constructed in the manner which they were designed. Instead, they are often normally “safe” products that have cheaper or inferior materials used, resulting in a danger product. If the difference between the design of a product and its manufacturing causes you injury, you may be entitled to compensation.

What is a Failure to Warn

A product’s manufacturer, distributor, or point of sale has a duty to warn the consumer regarding a product’s possible dangers. If you were injured because you used a product reasonably and were subsequently harmed when the product injured you in an unforeseeable manner, you may have a failure to warn claim.  Because it is so difficult to foresee all possible harms that a product may cause, consumers are acquainted with long disclaimers contained in products’ directions that often see far-fetched or even ludicrous.

What Should You Do if You or a Loved One is Injured by a Product?

If you or a loved one has been injured or killed as a result of a product, quickly receiving the compensation you deserve will require consultation with an experienced personal injury attorney. Hiring inexperienced counsel lacking Mississippi personal injury law experience will lead to frustration and a settlement that is a fraction of what you deserve if you receive anything at all.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you or a loved one has been injured.

Contact us now at (601) 790-1505, to get experienced counsel on your side.