If you got hurt because of a dangerous or defective product, you might be able to pursue monetary damages from the manufacturer or seller of the item. These injury claims and lawsuits can require the use of expert witnesses (like engineers) to testify about the technical aspects of a product.

You do not have to navigate the legal process by yourself. An Antioch product liability lawyer can help you pursue compensation for your losses, including the cost of medical bills, lost income, and psychological trauma.

At The Cochran Firm – Nashville, we want to help with your case so that you can focus your attention on getting better and rebuilding your life.

You can call us today at (615) 651-7451 for a free, no-obligation consultation.

Tennessee Law on Defective Products

TN Code §29-28-105 states that if a defective or dangerous product injures a consumer, the manufacturer or seller of the item can be held financially liable for any ensuing damages. The manufacturer or seller must comply with industry standards at the time the product was made. For example, if you were injured by a defective can of aerosol, and the maker of the product reasonably should have known of a potential for harm, they can be held liable for your damages.

The maker must also post adequate warnings of hazards that the typical consumer would not notice. Without that warning, a product could be unreasonably dangerous. If there is a danger that the ordinary user would notice, however, like a knife being sharp, the manufacturer or seller does not have to warn the consumer of that fact.

When the Seller of a Dangerous Product Can Be Liable

Usually, the manufacturer is responsible for harm caused by an unreasonably defective or dangerous product.

TN Code §29-28-106 states that the following elements must be present in your case:

  1. The seller was in control of the product’s design, testing, construction, packaging or labeling, which resulted in another party’s injury.
  2. The seller gave the purchaser an express warranty.
  3. The injured person (plaintiff) cannot collect monetary damages from the manufacturer because a court declared the maker insolvent.
  4. The plaintiff cannot get service on the maker of the product.
  5. The seller performed alterations to a product that factored into how another party was injured.

We understand that these statements can be confusing, but you do not have to evaluate your case on your own. An Antioch product liability lawyer from The Cochran Firm – Nashville can investigate your case and determine who can be held responsible for the harm you suffered. You can call us today at (615) 651-7451 to get started.

Compensable Damages in a Product Liability Case

Many different factors will influence how much money you can pursue in a product liability case. Recoverable damages you can pursue will rest on the facts of your situation.

Let’s say that a dangerous product injured three people in your household. All three of you might have different injuries and recuperate at different rates. These parties may seek different compensable losses, despite being injured from the same product.

Here are some of the types of monetary damages you may be seeking through an insurance settlement or court award:

Medical Bills

You can recoup the reasonable cost of the medical treatment you needed for your injuries. These items can include things like the ambulance, emergency room, hospitalization, doctors, and physical therapy.

Future Medical Treatment

This category covers additional procedures that you may need, like follow-up surgeries.

Long-Term Care

If a dangerous product results in an incapacitating injury, you might have to live in a nursing home to get the constant monitoring, medical treatments, and care that you need.

Lost Wages

Many people miss time from work when they get a severe injury. We can factor in the amount of lost wages, benefits, tips, and bonuses into your claim.

Pain and Suffering

“Pain” can refer to the physical discomfort you experienced from getting hurt. “Suffering” can refer to the emotional distress of your situation.

Other Intangible Losses

Depending on the facts of your situation, you might have other losses that are difficult to measure in dollar amounts but are still compensable. This category can include things like disfigurement, chronic anxiety, and impaired quality of life.

Three Things to Do After Getting Hurt by a Dangerous or Defective Product

Your Antioch product liability lawyer will undertake many responsibilities on your behalf to promote your claim’s success. Yet, there are some measures you can employ that could benefit your situation.

These are some suggestions of things you might want to consider doing:

Get Prompt Medical Attention

Your medical records will be used as evidence to connect your injury to the defective product in question. If you delay in getting medical care, it could be challenging to prove that the item caused you harm.

Talk to a Lawyer

In a product liability case, it is imperative that evidence is preserved. For this and other reasons, it can be a good idea to talk with a lawyer before evidence gets discarded or lost.

Stay Off of Social Media

It can be tempting to post photographs and details of what happened when you got hurt.

Posting anything on social media, even things unrelated to the injury or claim, could backfire on you. For example, an innocent picture of you smiling with friends could get twisted by the defendant into an allegation that you are exaggerating the extent of your physical discomfort.

An Antioch product liability lawyer can share additional measures that could stand to benefit your situation.

Call The Cochran Firm – Nashville to Start Your Product Liability Claim

At The Cochran Firm – Nashville, we want to help people who get hurt by dangerous or defective products. Under TN Code §28-3-104, you generally have one year from when you were injured to take your case to court. For that reason, we encourage you to reach out to our team as soon as you can.

You can call us today at (615) 651-7451 for a free, no-obligation consultation.