Fighting for Victims of Dangerous Product Defects
When a product is defective, it often takes a catastrophic injury or unfortunately, a death, for the company to discover that the product is not safe for consumers to use. Any product can be defective, but those products intended for daily use – such as our cars or trucks, tires, heating systems, and household appliances – pose particular risks because these defects are often unexpected.
Even if it’s obvious that a product failed and injured someone, the nature of the defect isn’t always clear. When you or a family member are injured by a defective product, you need to retain an attorney with the resources and experience to pick apart the facts of the product defect, identify the party responsible and make sure that party fairly compensates you.
At Davidson Bowie, PLLC, we represent clients whose lives were permanently altered by an injury or death caused by a defective product. Our team has investigated and analyzed countless accidents that were related to product defects, using our numerous resources to investigate the product and uncover evidence proving that a defect caused your injuries.
Who Is Liable for Defective Products?
Under Mississippi law, there can be multiple parties responsible for defective products. Manufacturers, distributors, and sales outlets are all strictly liable for any defective products they market and all injuries those defects cause.
Three main types of defective product cases:
Design Defects: Occurs when a product is produced according to design specifications but doesn’t meet a consumer’s expectations for safety, or the risks of harm are greater than the benefits.
Manufacturing Defects: Occurs when the manufactured product does not match safe design specifications.
Inadequate Warning Defects: Occurs when the manufacturer failed to provide clear instructions for safe product use and failed to adequately warn about hidden dangers.
Consumers interact with products every day, so safety is a critical issue and Mississippi product defect laws recognize this fact.
Here are a few of the most common product defect categories:
Automotive Defects: Defective cars, trucks, motorcycles, ATVs, or a defective part of the vehicle can cause brain injuries, spinal cord injuries, severe burns, and other catastrophic injuries. The National Highway Traffic Safety Administration reports that car and truck defects contribute to accidents, however, they do not keep track of those numbers, except for high-profile defect cases such as those involving Takata airbags and GM ignition switches.
Consumer Product Defects: The Consumer Product Safety Commission tracks all reported consumer product defect complaints. These product-related injury lists include toys, appliances, electronic devices, recreation equipment, nursery furnishings, detergent packs, playground fixtures, blinds, curtains, and many others.
Manufacturing and Processing Defects: Despite decades of safety campaigns, annual OSHA statistics regularly document catastrophic manufacturing injuries. Power presses, meat cutters, saws, and other machines common to manufacturing and meat processing operations can crush and/or amputate limbs.
Drug and Medical Device Defects: Drugs and devices produce a wide variety of expected and unexpected side effects and fatalities. Liability is often contingent on whether or not a patient received adequate warnings.
Davidson Bowie, LLC is Accepting the Following Types of Product Liability Cases:
- Manufacturing and Processing Defects
- DePuy Hip Replacements
- Rollover/Roof Crush
- Electric Car Fires & Explosions
- Defective Safety and Child Car Seats
- Defective Airbags/ Takata Airbags
- Seat Belt Failures
- Tire Failures
- Sudden Acceleration
- Automatic Braking Systems
- GM Ignition Switches
What Damages Can I Recover for Product Defect Injuries?
Damages in a product liability lawsuit can include:
Economic Damages: An injured person’s economic damages are calculated based on out-of-pocket expenses. They may include lost wages, future lost wages, medical treatment, physical therapy, surgeries, psychological therapy, medication, orthopedic devices, mobility devices, transportation costs, and costs to replace household services.
General Damages: Although general damages are difficult to measure, they are a crucial element of any damage claim. They’re based on the emotional and personal impact of a person’s injuries on their lives. A general damage settlement assigns a value to pain, suffering, disabilities, changes to spousal and family relationships, and other considerations.
Punitive Damages: In appropriate cases, judges and juries may award punitive damages to punish a product manufacturer when evidence shows their actions amounted to fraud.
Investigating a Product Defect Case
As with all complex cases, product defect investigations require intense focus, diligence, and attention to detail.
Here are some of the key elements in a product liability case:
Product Retrieval: The defective product is the key evidence in a product defect case. We will obtain and store the defective product in our designated evidence warehouse. When appropriate, our facility also accommodates experts and defense counsel for inspections and demonstrations that show how the defective product injured our client.
Witness Statements: Witnesses often provide information to corroborate your version of events. Witnesses are often aware of details you may have missed because of your injury. We obtain statements promptly, before witnesses relocate or forgot what they saw.
Site Investigation: Our experts will take photographs, create diagrams, and document the details we will later use to create courtroom exhibits. We complete incident site investigations at residential, commercial, and construction sites, public transportation venues, street intersections, and all other incident sites.
Machine/Equipment Maintenance Records: When industrial machines cause employee injuries, we will promptly photograph the equipment and review its maintenance and repair logs.
Formal Reports: We have the ability to quickly obtain fire reports, police accident reports, and other formal records. These documents sometimes pinpoint a defective product as the initiating cause.
Government Data and Reports: Government agencies such as OSHA, CDC, NHSTA, and CPSC compile injury and causation statistics. CPSC documents individual consumer complaints while OSHA investigates serious work-related injuries. Its employer citations and investigative reports document equipment defects and related workplace safety injuries. Where applicable or necessary, we will obtain OSHA investigative reports under the Freedom of Information Act.
Case Study: Investigating GM Vehicle Defects
On February 6, 2014, General Motors (GM) recalled about 800,000 of its small cars due to faulty ignition switches, which could shut off the engine while the vehicle was in motion and thereby prevent the airbags from inflating. The company continued to recall more of its cars over the next several months, resulting in nearly 30 million cars recalled worldwide and paid compensation for 124 deaths. The fault had been known to GM for at least a decade prior to the recall being declared. As part of a Deferred Prosecution Agreement, GM agreed to forfeit $900 million to the United States. Davidson Bowie, PLLC has litigated and settled numerous GM cases – One involving the death of a Mississippi teenager.
Millions Recovered in Past Product Defect Injury Cases
At Davidson Bowie, PLLC we believe that the manufacturers and those involved in the manufacture and sale of a product should pay for the damages their defective products cause. Product defect cases are complex, and proving that a specific defect caused a specific injury can pose extraordinary difficulties. Our product liability attorneys, however, understand these issues and the evidence required to prove a product defect case.
Through hard work and determination, our firm has recovered hundreds of millions of dollars in settlements and judgments in complex product defect cases.
Why Other Law Firms Refer Cases to Us
Product defect cases require a keen ability to analyze an injury and prove a causal connection to a defective product. Manufacturers often have prior knowledge of design, manufacturing, and warning defects, and there’s often a time delay between this initial awareness and public notification about the problem. When a manufacturer doesn’t acknowledge a defect, it may prove difficult, at first, to make this defect apparent to defense counsel and the court. That’s just one example of the challenges faced when handling complex product defect cases—but one at which Davidson Bowie, PLLC has proved adept.
In other words, our firm will do what is necessary to prove the defect and implement a winning strategy for your case.
- We have a track record of multi-million-dollar settlements.
- We are skilled at uncovering evidence, witnesses, and retrieving critical information.
- Our attorneys have resolved cases in the courtroom when negotiation proved ineffective.
- Our firm has won complex product defect cases in the courtroom against corporate defendants and their insurance companies, including against large automobile manufacturers.
- Our successes regarding product defects, catastrophic injuries, trucking accidents, and other serious litigation affirms our standing as a trusted Mississippi law firm.
- We represent plaintiffs only. Our focus on severely injured people and their families allows us to direct our time, energy, and resources toward resolving the most catastrophic injury cases.
Davidson Bowie, PLLC has helped many seriously injured people recover damages for brain trauma, burn injuries, amputations, asphyxiations, and other catastrophic injuries caused by defective products. We have also represented families in wrongful death actions against responsible manufacturers. We work hard to produce the best outcomes for our clients – and we will seek to do the same for you and your loved ones.
If you or a member of your family has been injured or lost their life due to a defect product, contact our firm for your free case review.
Consultations with prospective clients are free of charge.
DAVIDSON BOWIE, PLLC
1062 Highland Colony Parkway
200 Concourse, Suite 275
Ridgeland, Mississippi 39157
Telephone: (601) 932-0028