When a defective product causes injury, the companies that designed, manufactured, and sold it may be held liable regardless of whether they were careless in the traditional sense. Mississippi products liability law is designed to hold businesses accountable when they put unsafe products into the marketplace and people are hurt as a result. At Tollison & Webb P.A., we represent clients throughout Mississippi who have been injured by defective products, pursuing full compensation against the manufacturers and distributors responsible.

Types of Products Liability Claims

Products liability claims in Mississippi fall into three main categories depending on where the defect originated.

Design Defects

A design defect is a flaw that exists in the product’s design before it is ever manufactured. Because the defect is in the design itself, every unit produced shares the same problem. A vehicle that is prone to rollover in normal driving conditions is a classic example of a design defect. Proving a design defect typically requires showing that a safer alternative design was feasible and that the manufacturer failed to use it.

Manufacturing Defects

A manufacturing defect is a flaw that occurs during the production of a specific unit or batch, causing it to deviate from the intended design. Unlike a design defect, a manufacturing defect does not affect the entire product line, only the units that were improperly produced. A properly designed product that leaves the factory with a structural flaw due to an error in the manufacturing process is a manufacturing defect.

Failure to Warn

A failure to warn claim arises when a product lacks adequate instructions for safe use or sufficient warnings about the risks associated with it. Manufacturers have an obligation to inform consumers of dangers that are not obvious. Medications that fail to disclose serious side effects and industrial equipment sold without adequate safety instructions are common examples of failure to warn cases.

What to Do After a Defective Product Injury

The steps you take immediately after being injured by a defective product can significantly affect the strength of your claim.

Seek Medical Attention

Get medical treatment as soon as possible, even if your injuries do not seem serious at first. Some injuries worsen over time, and a gap in medical treatment can be used by the defense to minimize your damages.

Preserve the Product

Do not discard, repair, or tamper with the product that caused your injury. The product itself is evidence. Keep it along with any original packaging, instruction manuals, receipts, and purchase records. In products liability cases, the physical condition of the product at the time of injury is often central to proving the defect.

Document Everything

Write down everything you can recall about the incident while it is fresh, including when and where you purchased the product, how you were using it, and exactly what happened. Preserve any photographs, video footage, or witness information that may be relevant.

Keep Records of Your Losses

Maintain records of all costs related to your injury, including medical bills, lost income, and any other expenses caused by the defective product. These records form the basis for calculating your economic damages.

Compensation Available in a Products Liability Case

Depending on the severity of your injury and the circumstances of the case, you may be entitled to economic damages covering medical expenses, lost wages, and property damage; non-economic damages for pain and suffering, mental anguish, and loss of companionship; and punitive damages in cases involving particularly egregious corporate conduct. We assess the full scope of your damages from the outset and pursue every category of compensation available under Mississippi law.

Statute of Limitations

Mississippi allows three years from the date of injury to file a products liability claim. While three years may seem like sufficient time, acting quickly matters. Evidence degrades, witnesses become harder to locate, and the product itself may be altered or discarded. Contacting an attorney as soon as possible after a defective product injury protects your ability to build the strongest possible case.

Frequently Asked Questions

Can I file a products liability claim if I was using the product incorrectly?

Possibly, depending on the circumstances. If the misuse was foreseeable, meaning it was the kind of misuse the manufacturer should have anticipated, the manufacturer may still be liable. Mississippi’s comparative fault rules also apply, so even if you share some responsibility for the injury, you may still recover a reduced amount of compensation.

Can I file a claim if the product was recalled after my injury?

Yes. A recall can actually support your claim by demonstrating that the manufacturer knew or should have known about the defect. If you were injured before a recall was announced, you may have a strong claim against the manufacturer for failing to act sooner.

What if the company that made the product is out of business?

Other parties in the distribution chain, including distributors, wholesalers, and retailers, may be liable under Mississippi products liability law even if the original manufacturer is no longer in business. We investigate all potential defendants and pursue every available source of recovery.

How much does it cost to hire a products liability attorney?

We handle products liability cases on a contingency fee basis. You pay no attorney fees unless we recover compensation for you. There are no upfront costs and no hourly charges.

Contact a Products Liability Attorney in Mississippi

If you have been injured by a defective product, contact Tollison & Webb P.A. to schedule a consultation. We represent products liability clients throughout Mississippi from our office in Oxford.

Call (662) 234-7070 or contact us online. There is no fee unless we recover for you.