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Morton Law Firm, PLLC
132 Fairmont St.
Clinton, Mississippi 39056
(601) 925-9797
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Product liability is the area of law that allows a consumer to recover for injuries resulting from a dangerous or defective product. This can include many different types of products, including cars, medical devices, pharmaceuticals, toys, commercial equipment, lawnmowers, windows and more.
An action for product liability can come under a few different theories. A manufacturer may have negligently designed a product, as in the case of the early lawnmower which did not have a simple kill switch. In the early days, many consumers were injured due to lawnmowers flipping over and continuing to run. A simple 25 cent switch remedied that problem and the courts compensated victims due to negligent design.
A manufacturer may also be responsible under the theory of 'breach of express and implied warranties', which holds a manufacturer liable for a product that it represents implicitly or explicitly will have certain characteristics, such as safety.
A manufacturer may also be held strictly liable, which does not require a showing of negligence. This may happen in the instance where it is not possible to prove the normal elements of a contractual relationship, but it is important to hold manufacturers responsible for putting a defective product on the market. Unlike negligence, under strict liability, a plaintiff need only prove that plaintiff was injured by the product and that the product was defective when it left the hands of the manufacturer.
Mississippi Wrongful Death Statute of Limitations
A wrongful death action based on negligence must be filed within three years of the date of death. In cases where the claim arose from an intentional tort, such as assault and battery, suit must be filed within one year of the date of death. Due to this relatively short statute of limitations, it is imperative that you contact our office for a free consultation as soon as possible. |
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Truck Accidents
Automobile Accidents
Wrongful Death
Negligence
Product Liability
Medical Malpractice
Nursing Home Abuse
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