Every day, people use consumer goods such as food, clothing, medicine, and cars to improve their quality of life. While consumers expect these products to be safe, different human errors can make these goods dangerous and can even result in them causing severe harm to those who use them.
If you have been harmed after using an unsafe product, a Nashville defective products lawyer could review your case to identify the at-fault party. As your losses could be extensive, a compassionate local attorney could help you seek the full compensation you deserve.
Defendants in a Product Liability Case
Almost everyone connected with a product when it comes to market can be liable for a defect that injures a consumer, as long as the consumer used the product correctly and for its intended purpose. Defendants could include:
- Product manufacturers or designers
- An assemblypersons or installers
Under Tennessee Code Ann. § 29-28-105, a court will not find a manufacturer or seller liable for injuries caused by their product unless it is determined that the product was dangerous or defective when they released it into the marketplace. For example, if through testing, an automobile manufacturer is aware that the gas tank of one model occasionally explodes if rear-ended, the manufacturer would most likely be held liable if a consumer is injured this way, even if only a small percentage of cars catch fire. Since the laws are nuanced, contacting a products liability lawyer in Nashville to review a particular case could help a claimant determine who they may hold liable for their injuries.
How Could a Product Become Defective?
Personal injury claims brought by consumers harmed after using a faulty product are typically based on one of three legal premises: defective design, faulty manufacturing, or a lack of warning about the danger.
A design engineer must consider the safety of a product and elements of function, ease of use, and aesthetics. Since a particular product is designed in a certain way, a design defect affects the entire product line. For example, a children’s toy designed with small parts may be a choking hazard if the child puts the pieces in its mouth. If a claimant and their local attorney could prove that the product could have been designed in a safer manner, they could hold the engineer liable for a dangerous design.
Manufacturers weigh safety against profits when producing a product. Cutting corners on product components to the point of using substandard ones can be a reason a product may be dangerous. Manufacturers have a duty to make sure their products perform and are safe to use as represented. Manufacturing errors typically only impact a specific batch of products.
Lack of Warnings
Product warnings are based on how much a reasonable person would understand about a product’s danger. For instance, a weed killer known to cause cancer with repeated use should be labeled warning users to wear protective masks and gloves since most consumers might not realize the chemicals released into the atmosphere put them at risk. Conversely, candles can cause severe burns or fires, but as this danger is common knowledge, candle makers are generally not expected to carry a label. Failure to provide adequate labeling could give grounds for a product liability claim.
Time Limit to File a Faulty Product Claim in Nashville
In Tennessee, consumers injured by defective products generally have one year from the accident date to file a personal injury lawsuit. Some claims, such as for asbestos, must be filed one year after diagnosis for mesothelioma or other asbestos-related condition. Breast implant claims must be filed within 25 years from the initial surgery or within four years from the date the implants cause a dangerous medical condition. A product liability attorney familiar with the statute of limitations in Nashville could ensure plaintiffs do not miss this critical deadline.
Get in Touch with a Nashville Defective Products Attorney
Product liability claims can be difficult to handle on your own. Between determining who exactly is liable and under what theory a claim could be brought, these cases are best handled by an experienced attorney.
A Nashville defective products lawyer could help you navigate these complicated claims and provide essential legal guidance. To get started on your case, call today and schedule your initial consultation.