Defective Products (or “Product Liability”)

What Is A Product Liability Case?

defective products  When a person is hurt or killed by a faulty product whether it is a gas grill, a medical device, a space heater, a car,  etc. then that person may be able to pursue what is known as a "product liability case".  In short, a product liability case is simply where an injury victim alleges the product was faulty and caused physical harm.  Importantly, the person harmed does not have to be the owner or purchaser of the product. Anyone who was hurt by the defective product potentially has a product liability claim.  In Tennessee, the central issue in a product liability case is whether the product is "defective" or "unreasonably dangerous" as those terms are defined in the Tennessee statutes. 

Product liability claims fall into three categories:

  1. Design Defect Claims – In a design defect claim, the problem with the product is present in the entire model line. The problem is with the concept or blueprint of the product rather than the manufacture of it. Examples of design defect claims are:
    • A vehicle with an unreasonable propensity to rollover
    • A medical implant with a premature failure rate
    • A car seat that unlatches during expected accident forces
    • A power tool that is not equipped with an appropriate safety guard

  2. Manufacturing Defect Claims – In a manufacturing defect claim, the defect is only present in a limited number of the product. Essentially, this is a problem that happens on the production line or is caused by a bad batch of components. Examples of a manufacturing defect are:
    • A ladder rung that breaks because it was improperly attached
    • A heating pad that causes burns because of defective wiring
    • A batch of baby formula that is tainted with mislabeled or bad ingredients
    • A hot water heater that scalds because of a defective thermostat

  3. Failure to Warn Claims – In a failure to warn claim, the defect relates to the instructions or marketing materials that come with the product. Examples of failure to warn claims are:
    • Failure to warn about combustible fumes
    • Failure to warn about known drug interactions
    • Failure to warn about a risk specific to children
    • Failure to warn about a risk that is not obvious to the user
  4. Product liability cases tend to be complex and expensive to pursue because they often require the use of engineering experts to successfully prove a case.   With almost any type of case, it is important to hire an experienced lawyer, but this is especially true in a products liability case.  For every year since 2007, Best Lawyers has named John Day as one of the best lawyers in the field of Products Liability Litigation.  Our award-winning team of lawyers know how to successfully prove your product liability claim and get you the compensation you deserve.  Better yet, our firm has the financial wherewithal to advance all case expenses associated with your product liability claim so that you do not have to pay a penny out of pocket to pursue your legal rights.  If you have questions about our fees and expenses, we encourage you to read our page How Much Do You Charge? page. 

    If you or a loved one has been injured by any type of defective product, we urge you to give us a call to discuss your case in a free, no-obligation consultation so that you can understand your legal rights and options.  Simply contact us online or call us at one of our three convenient Middle Tennessee locations:

    Nashville: 615-669-3993

    Murfreesboro: 615-867-9900

    Brentwood: 615-742-4880

    Toll-Free: 866-812-8787 

More Product Liability Information
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We thought that you did an excellent job in representing us in our lawsuit. We would recommend you to anyone. Mitch Deese
The Law Offices of John Day, P.C. is, without a doubt, the best in Nashville! They treated me with the utmost respect and tended to my every need. No question went unanswered. I was always kept informed of every step in the process. I received phenomenal results; I couldn't ask for more. I would definitely hire The Law Offices of John Day, P.C. again. Anthony Santiago
I would definitely recommend to anyone to hire John Day's law firm because everyone was helpful, made everything clear and got the job done. I am satisfied with how my case was handled. June Keomahavong
It's been a long battle but this firm has been very efficient and has done a remarkable job for me! I highly recommend them to anyone needing legal assistance. Everyone has always been very kind and kept me informed of all actions promptly. Linda Bush
I had a great experience with the Law Offices of John Day. The staff was very accommodating, and my phone calls/emails were always responded to in a timely manner. They made the entire process very easy and stress-free for me, and I had confidence that my case was in good hands. I am very happy with the results, and I highly recommend! Casey Hutchinson