Defective Products (or “Product Liability”)
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:
- 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
- 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
- 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
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:
- If I Am Hurt By A Defective Product, Who Is Responsible?
- What Do I Have To Prove to Win My Defective Products Liability Case?
- I Have Been Injured By a Defective Product, What Do I Do?
- What Types of Defective Product Liability Cases Do You Handle?
- How Much Will It Cost Me To Pursue My Defective Products Liability Case?
- What Compensation Am I Entitled To In My Defective Product Liability Action Case?
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