Anyone who watches television has seen news clips of companies that issued recalls on products. It could have been for bacteria- tainted lettuce, or maybe a defective medication that increased health risks. When a product is recalled, it is typically because someone has already become injured and has notified the company. Once a company is put on notice that it has a problem product on its hands, to limit liability, the company issues a recall.

Companies that issue defective product recalls typically either advise consumers to throw the item away, or return it and the company provides a refund or replacement item. While this may resolve the issue for some customers, others who have experienced a personal injury or even a wrongful death should look to an attorney to file a products liability lawsuit.

A lawsuit may be filed if the product is defective by design: the engineer who designed it did a poor job in ensuring the end result would be safe to sell. Other defects on which to base a lawsuit can occur anywhere in the manufacturing process where parts were assembled improperly; or in marketing, such as a failure to provide adequate safety warnings.

Products liability lawsuits can be initiated based on a few different legal theories:

  • Strict liability. This means that the manufacturer is automatically responsible for your injuries if you just show that it put a defective product into the stream of commerce.
  • Negligence. This claim requires showing that the manufacturer owed you a duty – selling a safe product – that was breached by failing to do so. You must show the damages that you sustained when you were injured were caused by the defective product.
  • Breach of warranty of fitness. Under this legal theory, a seller who markets an item to be used for a particular purpose, which is not what that item is best suited for, has breached the warranty of fitness and is liable when a consumer buys the product and uses it for the purpose it was sold, but becomes hurt.

If you are able to successfully prove a products liability claim, you may be entitled to an award of damages to include medical expenses, lost income, punitive damages, and other compensation.

You bring products into your home that you believe that you can trust. When a product becomes defective through the manufacturing process, makes its way to you or someone you love and causes injury or death, that trust is broken. At Taylor Jones Taylor, our knowledgeable products liability attorneys will help you hold the manufacturer responsible for injuries sustained by you or your loved one. Our legal team fights to protect those who have been injured in Southaven, Olive Branch, Hernando, and throughout DeSoto County. To schedule a free case consultation, we invite you to call us at 662.253.5193 or reach out to us through our contact form.