People claim injuries regularly by using products that they claim do not function as the manufacturer indicates in advertising or by design. While this may be an effective method of helping injured parties be financially compensated for their injuries, unfortunately, it also sets the basis for other claims that are not necessarily as valid. Claims are also commonly filed based on isolated usage incidents that caused some level of harm, but often not to the extent stated by a complainant or their legal counsel. And, even though the manufacturers are deemed responsible for the functionality of their products from the point of sale, there still are many claims that are borderline at best and potentially frivolous. The problem for manufacturers in these cases is that they still must be defended to avoid a major financial payout, which always requires the expertise of an experienced attorney like the legal professionals at Markow Walker and their team of product liability lawyers.
Fault Still Matters
While manufacturers are held to strict liability regarding their products, every claim made by a user is not necessarily the fault of the manufacturer or some retail sales outlets. Fault still matters, and many consumers simply do not use the product as directed or intended. The details of how an injury occurred are significant, and they can be presented as a defense in court by an experienced accident law firm based in Mississippi.
Even though Mississippi is a pure comparative negligence state for personal injury claims, there still are legal defenses that include contributory negligence resulting in the plaintiff actually being found at fault to a degree that the claims are determined unsubstantiated. And, even when total contributory negligence is not established, the percentage of personal fault by the consumer can still be an effect negotiating position for the defense in reducing a claim value.
Contact an Accident Law Firm in Jackson MS
Never assume there is no defense when a defective product claim is filed against you. Always retain experienced legal counsel, like the representatives at Markow Walker, to manage your risk and reduce your exposure.