A Firm Fighting For Clients Injured By Dangerous Products, Drugs And Medical Devices
When goods that are hazardous, even when being used in the way in which they were intended, are sold to customers, they have the potential to bring about severe, sometimes permanent injuries. A lot of faulty products are recalled each year for generating thousands of critical injuries or even fatalities. If an unsafe product harms you or someone you love, you are able to file a product liability claim against the distributor, manufacturer, or seller of the item and seek financial compensation for your injuries, hospital bills, lost wages, and pain and suffering.
Our legal team at Germany Law Firm PLLC has been helping injured victims in Mississippi get the compensation that they are entitled to for more than 40 years. We have extensive experience in product liability claims related to dangerous and defective consumer goods, pharmaceutical products and medical devices.
The Basics Of Products Liability
Products liability is legally defined as the liability of a vendor or manufacturer of goods to be financially accountable for any injury resulting from a faulty product that they have sold. Under Mississippi law, companies have a responsibility to make certain that their goods are reliable and safe for customers, and also have adequate warning labels stating any possible dangers or issues that might arise as a result of using the item. Any time a customer buys a product and an injury is caused by a faulty part or problem with the design of that product, the injured victim may be entitled to compensation.
Products can be defective and dangerous for countless reasons, but the causes of danger tend to fall into three categories:
- Defects in the design of the product
- Defects in the manufacturing of the product
- The company’s failure to adequately warn consumers of known dangers
Many product liability claims become class-action lawsuits, provided that multiple people were injured by the defective product. The injured victims join forces to sue the company splitting all legal costs and dividing up any settlement that is awarded.
Determining Who Is At Fault For A Defective Or Dangerous Product
Just about any item that you come across or use can be the foundation of a product liability claim provided that the item was faulty and caused harm to you or a member of your family. A faulty product can mean anything from a part of your brand new vehicle that ended up not working properly to a product or toy designed specifically for a small child.
Based on the origin of the defect, multiple parties may be held liable under Mississippi’s product liability statutes, including the:
- Parts manufacturer
- Packaging company
- Assembling manufacturer
Product liability claims demand a meticulous examination of the item in question and must show that the product was defective. This will help when determining which entity in the manufacturing process is liable for the injuries that you or your loved one has sustained as a result of the defective product.
Product Recalls For Burn And Fire Risks
There is no shortage of faulty, unsafe, shoddy products for sale that are ultimately recalled because their usage has a risk of causing burns and starting a fire. A few of the different items that have been recalled due to burn risk or fire hazard include:
- Defective botanical candles: When lit, the dried wildflowers caught on fire
- Faulty ceramic teapots: The teapots burst, spewing scalding water all over the person nearest to the pot
- Insufficiently tested space heaters: Overheated, making the surface becomes hot enough to start a fire
- Inadequately tested fire extinguishers: Neglected to shoot when the mechanism was properly triggered
- Unsafe microwaves: House fires started by broken control panel membranes
- Faulty conventional stoves/ovens: Imploded glass and ceramic cooktops, as well as glass door panels
- Defective propane tanks: Broken valves or incorrect handling caused an explosion
You can pursue a product liability lawsuit even if the item was not subjected to a recall.
Taking Legal Action Against Negligent Or Dishonest Pharmaceutical Companies
Most prescription and over-the-counter drugs are regulated by the Food and Drug Administration, but that doesn’t always mean they are safe. In the hurry to get their drugs to market, drug companies can decline to reveal some side effects or health hazards. Sometimes, sufficient time is not given to clinical trials to test the drugs and notate any possible side effects.
Other times, scientists might overlook significant discoveries that become known only after the drugs are on the market and have caused harm to people who have taken them. Errors can also be made in the production of the drug itself, which can yield defective or tainted prescriptions.
Although these are often giant and well-funded corporations, they are not above the law. If you or someone you loved suffered serious health problems due to a dangerous drug, our firm is here to help you seek justice and compensation.
When Is The Manufacturer Held Accountable?
To force statutory liability on a pharmaceutical company, an injury victim must show a legal reason for accountability. These include but are not limited to:
Products liability: When any commodity harms users because of flaws in its composition or production, the company is forced to offer financial compensation for those injuries. This could extend to customers who actually bought the product or any foreseeable person who might use the same commodity. Besides the drug company, retailers and distributors may also face accountability for allowing the defective product to reach the customer. This prevailing theory of liability also applies to pharmaceutical merchandise as well as any other unsafe consumer products.
Failure to disclose dangerous side effects: Just about every single medicine comes with potential side effects. While drug companies are not required to get rid of all potential and possible side effects, they have to accurately identify their medicines and sufficiently inform customers about them. In some instances, these drug companies attempt to conceal the side effects.
Improper marketing: Advertising of pharmaceutical products does not apply only to a magazine, internet, or television commercials. Incorrect advertising may also encompass the branding, packaging, counseling, and warnings about medication. A sales representative, manufacturer, pharmacist, or doctor will be able to give counseling regarding any medications.
It is also essential to recognize each party that is legally liable for any injuries. The law forces responsibilities on any manufacturer that was liable for putting the defective good in the “stream of commerce,” which is the pathway that eventually led the goods into the shopping carts of the customer.
Seeking Compensation For Health Issues Related To Dangerous Medical Devices
Medical devices are designed to save and/or improve lives, whether they are controlling your heartbeat, increasing your mobility, or helping to make sure that you are breathing correctly. Unfortunately, more than a few of these devices have been known to stop working, break down, malfunction, and wind up hurting the same patients that they are designed to help.
If you have been injured by a defective medical device contact our firm to discuss your options. Some common defective medical devices claims include allegations related to:
- Pacemakers that fail to or stop keeping the appropriate heart rhythm
- Any medical device that malfunctions, like an insulin pump or a pain pump
- Heart valve implants that break or leak, ending in recurring surgeries or even death
- Infections brought on by poorly made or nonsterilized devices
- Inadequately sterilized gynecological devices that can lead to infertility, miscarriages, or infections
- Breast implants or any other device that can cause harm to your immune system
- Defective knee replacement parts or hip implants
Major medical device companies routinely make and sell defective medical devices that injure and kill innocent victims. Sometimes, these products are given FDA approval because manufacturers hide known risks. Other times, manufacturers use legal loopholes to bypass the approval process.
We will thoroughly investigate your injuries to determine what went wrong and who was at fault. Then, attorney Bob Germany will aggressively represent your interests in settlement negotiations or at trial.
Learn How We Can Help You During A Free Initial Consultation
The attorney that you select to represent you in a defective or dangerous product lawsuit needs to have extensive experience and knowledge of all Mississippi laws with regard to these types of lawsuits. The legal team at Germany Law Firm PLLC has decades of personal injury law experience successfully representing injured victims and their families. We will answer any and all questions that you may have about your product liability injury and will be able to let you know if you have the right to pursue a legal claim. We offer free consultations so that we can more closely examine the details of your case.
We are committed to our clients and we will tirelessly and aggressively fight on your side from the beginning to the end. If you or a family member has been injured because of a consumer product or a medical product, we can help you get the compensation that you are entitled to for your injuries and losses. Call Germany Law Firm PLLC today at 601-812-5524 or submit an online contact form.