Defective products can be dangerous, often leading to injuries, damaged property, and product liability claims. The field of product liability is based on Tennessee negligence laws, which state that a party may be held liable for damages to another party when they are caused by negligence. As there are hundreds of thousands of product manufacturers, designers, and retailers in the United States, product liability claims are varied and often complex. The nature of the product, the type of defect, and the parties involved with manufacture could all have a unique impact on a case.
Pursuing damages in a product liability case is a complicated legal process that often requires extensive research and knowledge of Tennessee’s liability laws. Additionally, navigating these claims while dealing with the fallout of defective products. Damages can include injuries like burns and broken bones, as well as property damage like totaled vehicles and housing damage. These disparate factors can quickly become overwhelming. Fortunately, a Tennessee personal injury attorney from King Law Offices can help in a personalized consultation. Call the office today at (888) 748-5464 for details.
Types of Defective Products
Defective products can come in many forms, and different types of defects can lead to different injuries and property damage. While many people assume that defective products only include household items such as appliances or children’s toys, this is not the full extent of product liability claims. Defective products can include car parts like tires and airbags, medical devices like pacemakers, cosmetics, industrial machinery, and even pharmaceuticals. Understanding the type of defective product as well as the cause of the defect can greatly inform a product liability case in Tennessee.
Design Defects
There are generally three causes for defective products, each defect created in a certain stage of the manufacturing process. The type of defect may influence how evidence is compiled for a product liability case. Design defects originate in the planning and testing phases. Generally, when a new product is created, it must go through rigorous testing and iterations before it is declared safe and effective. State and federal law require products to adhere to certain safety principles that protect consumers. Failure to adhere to these standards could lead to legal action.
Manufacturing Defects
However, even if the design of the product is sound, this does not necessarily protect consumers from defective product injuries. In the manufacturing phase, the product that was designed by the company is put into mass production. Many steps in this process could lead to a manufacturing defect. Faulty machinery, employee negligence in a manufacturing plant, or cheaply obtained materials could degrade the quality of the product, potentially leading to catastrophic failure.
Labeling Defects
Additionally, some products may have labeling or marketing defects. Companies that design and sell merchandise are required by law to inform consumers of the risks of handling a product and the proper use of said product. These regulations include furnishing consumers with user manuals and applying accurate warning labels. Failure to do so generally implies negligence. However, this defect could also be caused by retail outlets removing warning labels or tampering with the product. Understanding the causes of product defects can help clarify what evidence must be gathered to prove negligence and secure compensation.
For more information on Tennessee product liability lawsuits, speak with an experienced product liability lawyer from King Law Offices today.
Common Product Liability Injuries
Depending on the type of product that malfunctions, injuries from defective products can vary widely. Common injuries can include burns, lacerations, broken bones, and more. In car accidents caused by defective automotive parts, victims may experience traumatic brain injuries, road rash, spinal cord injuries, broken bones, and even death. Failure of medical devices, pharmaceuticals, or cosmetics could lead to exposure to harmful chemicals and more. Additionally, some defective products can cause extensive property damage. Understanding the extent and scope of defective product damages can help clarify what compensation may be available in a personal injury case, which may include mental anguish and other non-economic damages.
Grounds for Product Liability Claims in Tennessee
However, it is important to understand the grounds for product liability claims. A product malfunction is not enough proof to secure compensation. For a personal injury claim, the negligence of the defendant must have directly caused the accident that led to the damages suffered by the plaintiff. Additionally, factors like improper use of the product or other acts of negligence from the plaintiff could reduce or restrict many forms of compensation for damages.
According to the Tennessee Board of Law Examiners, Tennessee subscribes to a policy of modified comparative negligence. This policy means that the plaintiff may be barred from receiving compensation if their contributory fault is greater than fifty percent. Additionally, the amount of compensation will be reduced according to contributory negligence. This means that the amount of compensation offered will be the agreed-upon value of the damages, reduced by the percentage that the plaintiff was at fault, up to 50%. If the plaintiff is more than 50% at fault, compensation will be barred.
Filing a Product Liability Claim in Tennessee
The process of filing a product liability claim in Tennessee can be complex as well. Factors like statutes of limitations and other relevant state laws can influence how a case is pursued. Claimants must understand the relevant deadlines for filing for damages and fill out the forms accordingly. Additionally, the plaintiff must have their case compiled with solid evidence before filing a complaint with the courts. Generally, it is unwise to file a product liability complaint without understanding the value of the damages and the negligence of the liable party. A skilled product liability lawyer can help their client understand how and when to file a complaint.
A Tennessee Product Liability Lawyer Can Help
Tennessee defective products can lead to significant damages that may warrant legal action. However, one must first understand the type of product defect, how to calculate damages, and what to do to collect evidence to build a case. This may require an immense amount of legal experience and understanding. For those experiencing injuries and other damages from defective products, consider an initial consultation with a skilled product liability lawyer from King Law Offices. Schedule today by calling the office at (888) 748-5464 for details.
