inadequate warning in Mississippi

2017Under the Mississippi Products Liability Act, “[a] manufacturer is liable under a failure-to-warn theory if the product ‘failed to contain adequate warnings,’ the inadequate warnings ‘rendered the product unreasonably dangerous to the user or consumer,’ and the inadequate warning ‘proximately caused the damages for which recovery is sought.’” Union Carbide Corp. v. Nix, Jr., 142 So. 3d 374, 385 (¶ 18) (Miss. 2014) (quoting Miss.

2017Under the Mississippi Products Liability Act, “[a] manufacturer is liable under a failure-to-warn theory if the product ‘failed to contain adequate warnings,’ the inadequate warnings ‘rendered the product unreasonably dangerous to the user or consumer,’ and the inadequate warning ‘proximately caused the damages for which recovery is sought.’” Union Carbide Corp. v. Nix, Jr., 142 So. 3d 374, 385 (¶ 18) (Miss. 2014) (quoting Miss.

2017Bailey, 878 So. 2d at 49 (¶ 88).

2017Bailey, 878 So. 2d at 49 (¶ 88).

2015Whether Holmes offered any evidence that he or his employer read or relied on any packaging, labels, or warnings provided by MSA, or if they had, they would have acted differently. ¶ 41. “[RJeliance on the manufacturer’s warning may, or may not, be an element of an inadequate warnings case.” Palmer v. Volkswagen of Am., Inc., 904 So.2d 1077, 1083 (Miss.2005) (emphasis in original); Union Carbide Corp., 142 So.3d at 390 .

2015If the plaintiff argues that a warning not given should have been given, “reliance is not an element of an inadequate warnings case.” Id. (citing Palmer, 904 So.2d at 1083 ).

2015Pierce points out that “[t]here are two prongs a failure to warn claim must meet.” In order “[t]o rely on an inadequate warning to establish the existence of a defect, plaintiffs must prove that: 1. the manufacturer or seller knew or in the light of reasonably available knowledge should have known about the danger; and 2. that the ordinary user or consumer would not realize its dangerous condition.” 3M Co. v. Johnson, 895 So.2d 151, 166 (Miss.2005) (citing Miss.Code Ann. § 11-1-68(c)(i) (Rev.2014)).

2014A manufacturer is liable under a failure-to-warn theory if the product “failed to contain adequate warnings,” the inadequate warnings “rendered the product unreasonably dangerous to the user or consumer,” and the inadequate warning “proximately caused the damages for which recovery is sought.” Miss.Code Ann. § 11-1-63 (a) (i)-(iii) (Rev.2004); Johnson, 895 So.2d at 166 .

2003Id. at 1312.

2001Id. at 1312 .

2012See Eastman, 92 So.3d at 670 (“We cannot agree that a trial judge’s duty to instruct the jury properly may change from case to case, whether civil or criminal.”); McKee v. State, 791 So.2d 804, 809-10 (Miss.2001); Harper v. State, 478 So.2d 1017, 1018 (Miss.1985) (If, based on the evidence, a defendant is entitled to a jury instruction, and requests an inadequate instruction, “the trial judge has the responsibility either to reform and correct the proffered instruction himself or to advise counsel ... of the perceived deficiencies therein and to afford counsel a reasonable opportunity to prepa

2012See Eastman, 92 So.3d at 670 (“We cannot agree that a trial judge’s duty to instruct the jury properly may change from case to case, whether civil or criminal.”); McKee v. State, 791 So.2d 804, 809-10 (Miss.2001); Harper v. State, 478 So.2d 1017, 1018 (Miss.1985) (If, based on the evidence, a defendant is entitled to a jury instruction, and requests an inadequate instruction, “the trial judge has the responsibility either to reform and correct the proffered instruction himself or to advise counsel ... of the perceived deficiencies therein and to afford counsel a reasonable opportunity to prepa

2012See Eastman, 92 So.3d at 670 (“We cannot agree that a trial judge’s duty to instruct the jury properly may change from case to case, whether civil or criminal.”); McKee v. State, 791 So.2d 804, 809-10 (Miss.2001); Harper v. State, 478 So.2d 1017, 1018 (Miss.1985) (If, based on the evidence, a defendant is entitled to a jury instruction, and requests an inadequate instruction, “the trial judge has the responsibility either to reform and correct the proffered instruction himself or to advise counsel ... of the perceived deficiencies therein and to afford counsel a reasonable opportunity to prepa

2005In Graves v. Church & Dwight Co., 267 N.J.Super. 445 , 631 A.2d 1248, 1258 (Ct.App.Div.1993), the New Jersey court affirmed a judgment for the defendant manufacturer where, even though it provided an inadequate warning, there was inadequate evidence that warning had ever been read. ¶ 25.

2005In Graves v. Church & Dwight Co., 267 N.J.Super. 445 , 631 A.2d 1248, 1258 (Ct.App.Div.1993), the New Jersey court affirmed a judgment for the defendant manufacturer where, even though it provided an inadequate warning, there was inadequate evidence that warning had ever been read. ¶ 25.

2003In Hageney v. Jackson Furniture of Danville, 746 So.2d 912, 925-26 (¶¶ 51-56) (Miss.Ct.App.1999), the Court examined a jury instruction listing the elements of an inadequate warnings claim but failing to state that open and obviousness is a factor to be considered by the jury in determining whether the air bag was unreasonably dangerous.

2003In Hageney v. Jackson Furniture of Danville, 746 So.2d 912, 925-26 (¶¶ 51-56) (Miss.Ct.App.1999), the Court examined a jury instruction listing the elements of an inadequate warnings claim but failing to state that open and obviousness is a factor to be considered by the jury in determining whether the air bag was unreasonably dangerous.