In Tennessee product liability lawsuits, plaintiffs seek to hold manufacturers or vendors liable for injuries caused by their defective products. Modern consumers expect the products that they purchase to be safe and effective. Unfortunately, thousands of consumers suffer injuries every year in the United States caused by poorly designed and manufactured products. Product liability lawsuits arise from all different types of dangerous or defective products, such as toys, household objects, and cars. Tennessee law recognizes three main categories of products liability cases: defective design, defective manufacturing, and failure to warn of product defects.
If you or a loved one have suffered an injury while using a product, you may be entitled to compensation. The skilled personal injury attorneys at Cummings Law have successfully represented clients throughout the state of Tennessee. Our experienced attorneys know how to negotiate advantageous product liability settlements on behalf of our clients. When a product liability case proceeds to trial, our skilled litigators fight hard on behalf of our clients. For speedy assistance with your product’s liability case, contact our Nashville law firm and schedule a free case evaluation.
Three Main Categories of Products Liability Lawsuits
Nashville product liability claims fall into three main categories: defective design, defective manufacturing, and failure to warn of product defects. All product liability lawsuits originate with the claim that a manufacturer or vendor negligently made or sold a product that caused someone injury. The skilled products liability attorneys at Cummings Law can help potential plaintiffs determine which type of claim they should bring.
Defective Design Product Liability Lawsuits
When the design of a product is inherently useless or dangerous, an injured plaintiff can bring a product liability suit against the product’s manufacturer. Product manufacturers are liable for design defects when the plaintiff proves the following elements:
- The injured party used the product as it was intended to be used by the manufacturer
- The product design is dangerous for its intended use
- An alternate design would have made the product safer
- The cost of utilizing a safer alternative design was not prohibitive
- The product would perform the same way with a safer alternative design
- The plaintiff suffered a loss or injury when using the product as intended
In sum, the plaintiff in a product liability case must prove that the manufacturer could have designed a safer product. Additionally, the plaintiff must prove that the safer product design is not cost-prohibitive, and that would have performed in the same manner. An example of a design defect would be a child’s toy intended for use by children, but that contains a choking hazard. A defective mechanical part could also constitute a design defect.
Defective Manufacturing Product Liability Lawsuits
A manufacturing defect happens when a company manufactures or constructs a product in a way that makes the product unsafe, unfit, or dangerous for the intended use. To succeed in a manufacturing defect lawsuit, the plaintiff must prove that the defendant manufactured one product in a faulty way. When a company installed one bicycle chain improperly but installed all other chains correctly, a child who suffers an injury could sue under the defective manufacturing personal injury claim.
Failure to Warn of Defects Lawsuits
A product manufacturer, distributor, or retailer must adequately warn customers of dangerous products. An adequate warning can come in the form of a label that is easily seen or instructions that discuss the product’s dangers.
When a manufacturer cannot make a product safer, it needs to provide customers with a warning about the product’s inherent risk. Gasoline is an example of a product that companies cannot make safer. If gasoline was not combustible, it could not serve its intended purpose of powering an engine.
When it is impossible to make a safer product, the manufacturer, distributor, or retailer is strictly liable for not providing customers with an adequate warning. To succeed in a failure to warn the product liability lawsuit, the plaintiff must prove the following elements:
- The defendant knew about the product’s inherent danger
- The defendant had a duty to notify the consumer of the risk
- The defendant negligently failed to warn the customers of the product’s inherent danger
- The plaintiff suffered an injury or injuries as a result of the inadequate warning
- The warning was not visible
The duty to warn a customer only applies when the dangerous aspect of the products is not apparent to ordinary consumers. For example, kitchen knives are dangerous when using them for their intended purpose of cutting food. Thus, the kitchen knife manufacturer does not have a duty to warn consumers of the knife’s sharpness.
Common Product Liability Claims:
Cummings Law has experience fighting assertively on behalf of clients in a variety of product liability lawsuits, such as:
- Stryker hip implants
- Child car seats
- Naturalyte and GranuFlo dialysis products
- Kugel mesh hernia patch
- Toyota vehicle or parts recall
- DePuy hip replacement
- Transvaginal mesh
- Defective automobile tires
- Defective seat belts
Damages Available in Tennessee Product Liability Lawsuits
Successful Tennessee product liability plaintiffs are entitled to recover the following types of damages:
- Lost past and future wages
- Medical expenses for doctor’s appointments, physical therapy, surgery, and other costs
- Compensation for physical pain and suffering
- Compensation for mental and emotional distress caused by physical injuries
- Other damages that a Tennessee court deems necessary
Tennessee Product Liability Statute of Limitation
Most plaintiffs filing tort claims have three years in which to file their lawsuit. Plaintiffs must file their product liability lawsuit within one year of their injury taking place. The statute of limitations period does not begin when the customer buys the dangerous or defective product, but on the date that the plaintiff suffers the injuries caused by the product.
Contact Our Nashville Product Liability Attorney
If you’ve suffered an injury from a dangerous or defective product, you might be entitled to compensation. Product liability lawsuits can quickly become challenging and complicated. Founding partner and trial lawyer Brian Cummings has the knowledge and skill to fight vigorously on your behalf. Cummings Law has the resources available to hire the best expert witnesses and investigators to prove your claim. Contact our Nashville personal injury law firm today to schedule your free case evaluation.