When you buy and use a product that is defective, it can pose a serious danger that may result in injury or death. Manufacturers are supposed to ensure their products are safe when used correctly, or to warn consumers if the product has some risk involved. If they do not do so and you are injured as a result, you may be able to hold them liable through a product liability lawsuit.
If you were injured or if someone you love died due to a defective product, a Hendersonville product liability lawyer at The Cochran Firm - Nashville wants to help you get compensation for your losses. Our attorneys know the complexity of Tennessee laws regarding product liability, and we may be able to help you navigate the legal system and take your case to trial, if necessary.
We provide a free consultation to discuss the facts of your product liability case and determine your options. We work on a contingency fee basis, so you pay nothing unless we win a settlement. Call us today at (615) 651-7451 for a no cost, no-obligation case evaluation.
Parties Who May Be Liable for Your Accident
To win a lawsuit, our attorneys would have to prove that another party was liable for causing your injuries at any point in the manufacturing and distribution process. This often results in seeking compensation from more than one responsible party, including:
- The party that designed the product or any of its parts
- The manufacturer of the product
- The seller of the product
We may be able to collect from all of them. Our Hendersonville product liability lawyers will look to hold all responsible parties accountable.
How to Prove Liability
Products that are used properly and were not substantially changed from their original condition should work as intended and not do harm. Although some products—such as some medications or power tools—for example, are inherently dangerous, these carry warnings so that you know the risks involved before using them (and you know how to use them correctly).
In Tennessee, to have a successful product liability claim you would need to prove that the product was:
- Unreasonably dangerous: This means the product was more dangerous than the average consumer would have expected, or that a reasonably prudent manufacturer should not have marketed the product if it had it known of its potential danger.
- Defective: This means the product was not designed properly, did not work as intended, or had a defect that made it unreasonably dangerous and unsafe for normal use.
- You made no changes to the product that caused it to be harmful.
- You were harmed by the product.
There are three types of defects that would make a product unsafe:
- Design defect: Design defects occur when something in the design of the product poses an unnecessary risk to consumers, causing injury or death. Design defects occur before the manufacturing process.
- Manufacturing defect: These are defects that originated during the manufacturing process, even if the design was correct. Manufacturing defects may be caused by errors in quality control or production and may not be found in every product.
- Marketing defect: Marketing defects occur when the manufacturer does not provide proper warnings about dangers or safety instructions regarding how to use the product to reduce risks. Manufacturers must provide warning labels or statements about the product if there are risks or dangers.
There may also be problems with labeling. Accurate labels are required to comply with federal regulations. Call The Cochran Firm - Nashville today at (615) 651-7451 for more information about what certain products’ packaging must include.
Tennessee recognizes strict liability in product liability claims. This means that manufacturers are liable for their products, even if they were not negligent. You need to show that you did not misuse, alter, or tamper with the product in order for the manufacturer, designer, or retailer associated with the product to be liable.
Damages You May Win
The damages that you may win in a successful lawsuit are awards intended to cover both your monetary losses and intangible noneconomic damages.
Economic Damages: Cover monetary costs and expenses resulting from your injury, such as
- Medical and rehabilitation bills (past and future)
- Lost wages and future earning capacity
Non-economic Damages: Cover non-monetary negative effects on your life caused by the defective product, including:
- Pain and suffering
- Loss of consortium and enjoyment of life
Our attorneys want to fight to obtain compensation for all of your damages. However, be aware that Tennessee has a statute of limitations (or time limit) for filing lawsuits. According to TN Code § 28-3-104, you have just one year after the accident or death to file personal injury or wrongful death lawsuit, or your case will not be heard.
According to TN Code § 29-28-103, product liability actions must be brought either:
- Within six years of the date of injury
- Within ten years from the date on which the product was first purchased or used, or
- Within one year after the expiration of the product.
Get Help from Our Hendersonville Product Liability Lawyers
If you or a loved one was injured by the use of a defective product, The CochranFirm - Nashville knows what you are going through and will fight for the compensation you deserve.
Contact us for your free and confidential consultation at (615) 651-7451. We want to begin working on your case today. Compile all relevant medical documentation and receipts so we may get a head start on collecting all related evidentiary support for your claim or lawsuit. It is important not to delay.