Hancock County Defective Products Lawyer
Each year, thousands of people suffer severe injuries caused by defective products. However, the mere fact that a product causes an injury does not mean that the maker or seller is liable to provide compensation. Injured users must prove that a system failure or negligent act on the part of the maker or seller resulted in their losses.
A Hancock County defective products lawyer may be able to help people who have suffered physical injuries because of malfunctioning goods. A dedicated personal injury attorney could explain how the product liability laws function and gather the evidence necessary to prove a claim in settlement talks or court.
Product Liability Laws in Hancock County
The product manufacturers have a duty under the law to provide a good that is safe for its intended use. This includes objects that consumers can buy directly as well as items that are contained within assembled products, such as computers or cars. If these products malfunction and cause an injury, the manufacturer may be required to provide compensation. A seller may also be liable if the seller modifies the product after it is received from the manufacturer, or fails to give warnings about known risks.
These cases are called product liability claims. According to Mississippi Code §11-1-63, claimants can only collect compensation if they can prove that the product malfunctioned, causing their injury.
A key concept in these cases is proving that the product was dangerous. Under the statute, claimants can prove that the product was defective because:
- It deviated from the maker’s specifications,
- It failed to contain adequate warnings or instructions
- Of a defective design
- The product breached an express warranty or failed to express factual representations of the maker
In summary, a consumer can collect compensation if they can prove that the product deviated from its design specifications, the product did not come with proper warnings, or the design itself was defective. A Hancock County defective products lawyer could help to choose a legal theory that best fits the facts of a plaintiff’s case.
Combating Manufacturer Defenses
Even if a claimant can make the connection between their injury and a manufacturer’s negligence, the defendant may still argue that a claimant is not entitled to payment. The product liability statute offers defendants a variety of defenses that they may raise to shift blame for the incident onto the plaintiff.
One defense that manufacturers may attempt is that the injured knew about and understood the risk of danger caused by the product’s defect and voluntarily subjected himself to harm. Manufacturers may also argue that a product only became dangerous once it appeared on a seller’s shelf or during transit due to some intervening act by a third party. An accomplished lawyer could gather evidence to prove the injured party could not have fully appreciated the danger, that the product was inherently defective, or identify and bring claims against other responsible parties.
Another common defense is when makers allege that a plaintiff did not use the product as intended. Product liability laws only apply if a plaintiff used the product in a foreseeable manner. A Hancock County defective products attorney could anticipate and defeat these common defense strategies.
Contact a Hancock County Defective Products Lawyer Immediately
Product manufacturers must ensure that their commodities will not cause harm to users. This includes the obligation to have a safe design, properly oversee the manufacturing process, and provide consumers with instructions and warnings concerning safe use. A failure on any of these fronts could leave a manufacturer liable for all resulting damages.
A Hancock County defective product lawyer could help you pursue your claim. They can investigate the cause of your injury, measure your losses, and craft a legal theory that holds the faulty maker or seller of a product accountable. There is a strict time limit of three years following the injury to demand payment, so call now for a free consultation.