Individual States 

MISSISSIPPI

ASSUMPTION OF RISK

Assumption of risk is a defense to causes of action for negligence and strict liability and bars recovery. Miss. Code Ann. §11-1-63(d) .

CAPS ON NONECONOMIC DAMAGES

There are no exclusive Products Liability statutes under this category.

COLLATERAL SOURCE RULE

There are no exclusive Products Liability statutes under this category.

COMPARATIVE FAULT

In all actions for personal injuries, wrongful death, or property damage, contributory negligence shall not bar a recovery. The jury shall diminish damages in proportion to the amount of negligence attributable to the person injured. Miss. Code Ann. §11-7-15 .

ECONOMIC LOSS

The Mississippi Supreme Court has never addressed the question of whether to adopt the economic loss doctrine. However, an appellate court has applied the doctrine by holding that no recovery is allowed in tort for damages to the product itself. State Farm Mut. Auto. Ins. Co. v. Ford Motor Co., 736 So.2d 384 (1999) .

Additionally, several federal courts have predicted that the Mississippi Supreme Court would embrace the rule that plaintiffs cannot pursue a remedy under theories of negligence and/or strict liability in tort when they seek damages that are solely economic in nature. East Miss. Elec. Power Assoc. v. Porcelain Prods. Co. , 729 F.Supp. 512 (S.D.Miss.1990); Lee v. General Motors Corp., 950 F.Supp. 170 (S.D.Miss. 1996) .

JOINT & SEVERAL LIABILITY

Joint and several liability applies where two or more defendants have been found liable. For non-economic damages, a defendant's liability shall be several only. For economic damages, for any defendant whose fault is determined to be less than thirty percent, liability shall be several only and for any defendant whose fault is determined to be thirty percent or more, liability shall be joint and several only to the extent necessary for the person suffering injury, death or loss to recover fifty percent of his recoverable damages. Miss. Code Ann. §85-5-7 .

PUNITIVE DAMAGES

Punitive damages are available for negligence, strict liability, wrongful death and breach of warranty. Gross, reckless, or wanton negligence must be shown for punitive damages to be awarded. Ulmer v. Bunner, 190 So.2d 448 (Miss. 1966) .

RIGHT TO CONTRIBUTION

Any defendant held jointly liable under this section shall have a right of contribution against fellow joint tortfeasors. A defendant shall be held responsible for contribution to other joint tortfeasors only for the percentage of fault assessed to such defendant. Miss. Code Ann. §85-5-7 .

SPECIAL DEFENSES

A manufacturer is not liable for injuries resulting from abnormal or unintended use of the product if such use was not reasonably foreseeable. Miss. Code Ann. §11-1-63(a) .

STATUTES OF LIMITATION

Unless another period is prescribed, all actions must be commenced within three years. Miss. Code Ann. §15-1-49 .

Actions for breach of warranty must be commenced within six years. Miss. Code Ann. §75-2-725 .

STATUTES OF REPOSE

There is no statute of repose for product liability actions in Mississippi.

STRUCTURED SETTLEMENT

There are no exclusive Products Liability statutes under this category.