Products liability refers to a claim or lawsuit against a manufacturer or seller of a product—such as a defective medical device—for the recovery of damages related to personal injury, death, or property damage claimed to be caused by a defective product.
The claim or lawsuit may be based on the legal theories of strict tort liability, strict products liability, negligence, misrepresentation, breach of express or implied warranty, or any other theory or combination of theories.
Product liability claims may be made against the manufacturer of component parts, an assembling manufacturer, the wholesaler, and the retailer. And product liability claims may be made by the consumer who purchased the product or by someone else who borrowed or used the product.
Product liability laws vary from state to state, and product liability claims may be based on the state’s court opinions (also known as case law or common law) or on the state’s statutes—which are usually the version of the Uniform Commercial Code (UCC) adopted by the state.
For example, under a state’s version of Article 2 of the UCC (dealing with sales of goods) there are implied warranties of merchantability and of fitness of the goods for a particular purpose included in every sale of goods. In some states these warranties may be waived by agreement, but in other states they may not be waived. See U.C.C. §2-314 and U.C.C. §2-315.
And under a strict liability theory of products liability, the amount of care or precaution taken by the manufacturer is not relevant—the manufacturer will be liable for the harm result from the defective product.
To prevail on a products liability claim, the claimant or plaintiff must prove the product:
• was defective in its design (a design defect) because there was a safer alternative design for the product;
• was defective in its manufacture (a manufacturing defect) because its production departed from the intended design, was significantly or materially different from the other products of the same design, did not work as intended, and was more dangerous to the consumer than expected; or
• was defective in its marketing (a marketing defect) because the product’s advertising and instructions for use were inadequate or failed to warn consumers of hidden (latent) dangers in the product.
In Mississippi, products liability is governed by a combination of state statutes and case law. The state follows the legal theories of strict liability, negligence, and breach of warranty in holding manufacturers and sellers accountable for defective products that cause injury, death, or property damage. Under Mississippi law, a product may be considered defective due to design flaws, manufacturing errors, or inadequate marketing, which includes failure to provide proper warnings or instructions. The Mississippi Products Liability Act provides specific guidelines for these claims. For instance, a claimant must demonstrate that the product was defective and that the defect directly caused the injury or damage. The state adheres to the doctrine of strict liability, meaning that the manufacturer can be held liable regardless of the level of care they took if the product is found to be inherently defective. Additionally, under the Mississippi version of the UCC, there are implied warranties of merchantability and fitness for a particular purpose that accompany the sale of goods, which can be the basis for a products liability claim if these warranties are breached. However, it's important to note that the specifics of these laws and how they are applied can vary, and an attorney can provide detailed guidance based on the unique circumstances of a case.
