What is a Product Liability Lawsuit?

Companies have a duty to the public to provide safe products. When a corporation manufactures and sells defective equipment or products that cause injury to consumers, that company can be sued for damages. This is called a product liability lawsuit.

There are a wide array of products that can be included in a product liability lawsuit.

• Prescription drugs
• Medical devices
• Autos and other motor vehicles, including trucks, motorcycles and ATVs.
• Machinery and tools
• Toxic chemicals and substances
• Automobile accessories such as tires, seat belts, airbags and child car seats
• Household products and appliances
• Toys and recreational equipment
• Clothing and apparel
  

The most common types of product liability lawsuits come from medications, children's toys and products, and automobiles.

Product Liability Law

Each year hundreds of thousands of people are injured by defective products.  If a product causes an injury to the person and the product was defective, a person can bring a negligence claim against the manufacturer of the product in addition to a strict liability claim.  Under strict liability, Mississippi requires that you show that the product was “unreasonably dangerous” at the time it entered the stream of commerce (originally shipped or sold).  The “unreasonably dangerous” aspect requires that a defect be present.  Generally, there are three types of defects—design, marketing, and manufacturing. 

• A design defect means something was defective in the design of the product. 
  
• A marketing defect is one in which there were no warnings about the danger that caused the injury or the warnings were inadequate. 
  
• A manufacturing defect is one where the product was manufactured incorrectly.  It may have been designed correctly, but something went wrong in the manufacturing process.

This is why it is so important for you to preserve the product that injured you.  If you have been injured by a defective product, do not let the product be destroyed or salvaged.  It is also important that you contact an experienced product liability attorney soon after you are injured so an investigation can be done and any defective products preserved.

Damages can be severe in a Product Liability Case

Injuries in a product liability case can be serious.  With serious injuries caused by a product liability case, you could easily be looking at over $100,000 in medical expenses. In the event that your injuries necessitate multiple surgeries or ongoing medical care, you could be facing medical bills of more than $200,000-300,000.

Unfortunately, in order to recover money for your injuries, you will typically have to sue the manufacturer as very few will settle prior to litigation being initiated.  Simply contacting the manufacturer with your medical bills isn’t enough to entice the manufacturer to pay; legal action is usually the only recourse in product liability cases.

You Need An Experienced Product Liability Attorney to Handle Your Case 

If injured by a product, you need someone with the experience in prosecuting product liability cases who has a track record of success.  Robert Kisselburgh has the experience and track record of success needed to prosecute your case.  Having represented a hundreds of clients against product manufacturers, Robert has represented clients against some of the largest manufacturers in the United States, including automobile manufacturers and drug manufacturers.  If you have been injured by a defective product or a loved one has been injured or killed by a defective product, call the Kisselburgh Law Firm at 601-936-4040 or  contact us online to set up a FREE CONSULTATION to discuss your rights.

SOME PRODUCT LIABILITY CASES WE ARE REVIEWING

Toyota stuck accelerator

Toyota initiated a recall of a number of Toyota vehicles for stuck accelerators.  This problem has led to numerous deaths and injuries.  According to recent evidence, Toyota knew of the problem long before it initiated a recall in the U.S.  If you have been seriously injured while driving or riding in a Toyota vehicle or a loved one has been injured or killed in a Toyota vehicle, call the Kisselburgh Law Firm today for a free consultation.

Read more about the Toyota recall here, here, here, here, and here.

Defective Chinese Drywall (sheetrock): 

If you had your home built or remodeled from 2004 to 2008, you might have Chinese drywall in your home.  The Chinese drywall contains a sulfur-emitting compound which gives off a rotten egg smell.  Additionally, you might find that you have problems with your air conditioning units as the drywall interacts with the air conditioning coil causing corrosion.  With all the rebuilding in the southern United States following Katrina and other hurricanes, these problems could be affecting thousands of homeowners.

Yamaha Rhino rollovers

Recently the Yamaha Rhino off-road vehicles were recalled after 46 had died in accidents, many of them a slow speeds.  These vehicles are known for their problems with rolling over and given the size and weight of the vehicle, they can cause traumatic injuries such a paralysis, brain injury, and death.  If you have been injured by a Yamaha Rhino or a loved one has been injured or killed by Yamaha Rhino, call the Kisselburgh Law Firm today to discuss your rights.