I Was Injured by a Defective Product, Who is Liable?
June 10th, 2020 by Attorney John Colvin
Manufacturers and sellers have a legal responsibility to ensure that their products are reasonably safe for consumers. Dangerous and defective products should not make it to the market. A company should not put its bottom line before the health and well-being of ordinary people. Under Tennessee law (Tenn. Code Ann. § 29-28), injured victims can hold negligent companies liable for their damages. Here, our Tennessee defective product attorney provides an overview of product liability claims.
Tennessee Law: Defective Product Claims
Statute of Limitations/Statute of Repose
In product liability claims, there are two relevant statutory deadlines: the statute of limitations and the statute of repose. In Tennessee, most product liability claims are subject to a six-year statute of limitations. Though, in some cases, you will have less time to file than that. It is important to act quickly after suffering an injury. Beyond the statute of limitations, a statute of repose also applies to many cases. With very narrow exceptions, Tennessee’s statute of repose also requires defective product claims to be filed within ten years of the original date of purchase.
Standard of Proof
You cannot hold a manufacturer or seller liable simply because you were injured while using a product. Some products are inherently dangerous—and they must be used with proper care. As an example, imagine that you severely cut yourself with a kitchen knife. If the accident occurred because you were rushing and not paying attention, it is unlikely that the manufacturer bears liability. In contrast, if the cut occurred because the handle of a defective knife unexpectedly broke off, that product might be deemed unacceptably dangerous. To hold a company liable for a defective product, you must be able to prove the following:
- The product was unreasonably dangerous or defective when a company put in onto the market;
- The defendant in question bears responsibility for the defective product; and
- The defective nature of the product was the cause of your injuries.
Product defects can come in a wide range of different forms. In some cases, companies are liable because something went wrong in the manufacturing process—thereby causing a specific batch of the products to be dangerous. In other cases, the product design is fundamentally flawed or the marketing is negligent. Product liability claims should always be assessed on a case-by-case basis.
Compensation for Injured Victims
In Tennessee, negligent manufacturers, sellers, and marketers can be held liable for economic and non-economic damages. Our Winchester defective product lawyer will help you maximize your recovery. Depending on the nature and severity of your injuries, you may be entitled to compensation for:
- Property damage;
- Emergency medical care;
- Medical bills & expenses;
- Loss of current and future wages;
- Pain and suffering;
- Long term disability; and
- Wrongful death of a family member.
Contact Our Tennessee Product Liability Attorney for Help
At the Law Offices of John Colvin, our Winchester, TN defective product lawyer is committed to serving the needs of people—not large corporations. If you were injured by a defective product, we will help you get justice and maximize your financial recovery. For a free, confidential consultation, please contact our legal team now. From our office in Winchester, we represent injured victims throughout Southern Middle Tennessee, including in Franklin County, Coffee County, Giles County, and Grundy County.