At DRS Law, our Nashville product liability lawyers have years of experience obtaining outstanding results for people injured in accidents caused by dangerous and defective products. Contact us to schedule a free initial consultation. We serve clients throughout Tennessee, Kentucky, and Georgia.
Product Liability Accidents
When a consumer buys a product, they rightfully expect it to perform safely and efficiently. Unfortunately, that isn’t always the case. A defective product is one that has been designed with flaws or manufactured improperly, exposing consumers to an unreasonable risk of injury. Defective products can cause a wide range of injuries to consumers, up to and including death.
Each state’s law provides consumers with a legal remedy–the right to sue for money damages–if a person (not just the purchaser) is injured or dies as a result of a defective or unreasonably dangerous product. The law of product liability holds manufacturers, distributors, and sellers legally responsible for defects in manufacture, design flaws, and failure to warn.
The Nashville products liability lawyers at DRS Law Personal Injury Lawyers are very familiar with the unique considerations that product liability lawsuits entail, and we know how to get results. Contact us today to schedule a free initial consultation.
Product Liability Injury Lawsuits
In Tennessee, to win a product liability lawsuit, you must show that the product was “unreasonably dangerous” or in a “defective condition” when the manufacturer put the product on the market.
There are several different situations in which a product may be unreasonably dangerous or defective:
Manufacturing flaws
If a product is originally designed to function safely, but is produced with an unintentional flaw during manufacturing, the manufacturer may be liable for any damage or injury that the flawed product causes. Manufacturing flaws are the most common cause of products liability claims. Common examples include:
- Using the wrong materials when constructing a product;
- Incorrectly assembling materials and parts;
- Improperly installing wires and circuitry;
- Using harmful chemicals during the production process.
In January 2021, the Nashville product liability attorneys at DRS Law filed a wrongful death lawsuit against breast implant manufacturer Allergan. The complaint was filed in Missouri on behalf of plaintiff Calvin Parr and his late wife, Lizabeth. Mr. Parr’s complaint alleges that the process for manufacturing the Allergan Biocell textured implants was defective.
Design flaws
If a product is purposefully designed in a manner that is later found to be unsafe, the designer, manufacturer, and retailers may be liable for harm that the flawed product causes to consumers. Common examples of design flaw claims include: motor vehicles that are prone to rollovers, products made with toxic chemicals, or a circular saw with a defective safety guard.
Failure to warn
When a manufacturer creates a product that is known to be potentially harmful, but fails to warn consumers of the potential risks of using the product, the manufacturer may be liable for resulting damage or injury. Failure to warn cases often arise from lack of warning labels on a hazardous product, failure to list certain side effects of medication, or faulty instructions on how to use the product safely.
Do I have a claim for a product liability lawsuit?
If you have experienced injury or damage due to a defective product, you may be entitled to compensation. The required elements of a product liability claim are:
Injury or damage
All products liability claims require the plaintiff to show that they have suffered some kind of injury, damage, or monetary loss.
Defective product
The plaintiff must demonstrate that the product was defective by reason of manufacturing flaws, design flaws, or a lack of warning of the product’s potential danger.
Causation
The defective product, or failure to warn, must be both the actual and proximate cause of the injury. This means that the plaintiff must show that there was no intervening cause.
Intended use
Finally, the plaintiff must show that he or she only used the product as it was intended to be used at the time that the defective product caused harm.
What kinds of defective products typically cause injury?
There are many different types of defective products that can give rise to a product liability lawsuit. Some of the most common types include:
Defective Medical Devices and Drugs
Even though FDA approval is required before a manufacturer can advertise a medical device to the public, many medical devices are brought to market in a defective condition. The impact of a defective medical device on a patient can be devastating, leading to serious injury, death, or long-term disability.
Dangerous Toys
If your child has been injured by a dangerous toy, you may be entitled to compensation from the toy manufacturer or retailer. A dangerous toys lawyer can help you understand your legal rights and options and fight for the full and fair compensation your child deserves.
Electrical products
These products can be defective due to a number of factors, including faulty wiring, incorrect voltage, or improper insulation.
Mechanical products
These products can be defective due to a number of factors, including faulty parts, improper assembly, or wear and tear.
Food products
These products can be defective due to a number of factors, including contamination, improper storage, or incorrect labeling.
Product Liability Settlements and Verdicts
In choosing a Nashville product liability lawyer to pursue a product liability case, experience and a record of success are essential. The Nashville product liability attorneys at DRS Law have decades of experience and success handling these kinds of cases.
David Randolph Smith began his career as an attorney in 1978 in Houston, Texas defending product liability cases for clients such as Ford Motor Company (fuel tank and park-to-reverse cases) and Upjohn (defective drug cases).
Mr. Smith has testified as a legal expert on product liability law before the 100th Congress (House of Representatives) Subcommittee on Commerce, Consumer Protection, and Competitiveness. His testimony and paper appeared in the Congressional Record. He later taught torts and product liability at Vanderbilt University School of Law (1983-1988).
Our firm has represented plaintiffs in cases involving a variety of defective products, including drugs, chemicals, vehicles and other kinds of equipment. We also handle child injury lawsuits over defective products and dangerous toys.
Our track record of significant multi-million dollar settlements and verdicts in product liability cases includes:
$6 million dollar product liability settlement
We filed the case in Wilson County, Tennessee against a Canadian manufacturer of a defective crane.
$2 million product liability settlement
We filed a case in the Middle District of Tennessee in Nashville against a Japanese drug company that manufactured a defective diet supplement.
$2.6 million settlement product liability.
We filed suit in Montgomery County, Tennessee against the manufacturer of a defective pharmaceutical drug after our client experienced a cardiac injury.
Current Defective Medical Device Investigations:
Frequently Asked Questions About Tennessee Product Liability Law
What is product liability law?
Product liability is a complicated area of the law involving the liability of manufacturers, distributors, and sellers of products for any damage or injuries caused by those products. The subject of product liability lawsuits is usually a product containing inherent defects that cause harm to consumers or someone to whom the product was given.
What are the different types of product liability claims?
Product liability claims generally fall into three categories: negligence, strict liability, and breach of warranty claims. Since there is no federal product liability statute, the kinds of claims available in a particular case will depend on the jurisdiction in which the claim is filed.
Tennessee recognizes strict liability for product liability claims. Strict liability means that the manufacturer will be automatically liable so long as the plaintiff proves that the product was defective and caused her injuries. In essence, manufacturers are charged with the responsibility of assuring that their product is safe when used as directed. In other words, for a strict liability claim, the plaintiff is not required to prove intent or negligence.
Negligence product liability claims require the plaintiff to prove that manufactuer failed to exercise reasonable care when designing, manufacturing, or warning about the product.
What is the statute of limitations for a product liability claim?
The statute of limitations for a product liability claim in Tennessee is one year. That means that you have one year from the date of discovery of the injury caused by the defective product to file a product liability lawsuit.
In addition, in actions based on injury resulting from breast implants, actions must be brought within 25 years from the date the product was implanted or within 4 years from the date of discovery of the injury.
Also, the claim must be filed within 10 years after the product was sold to the first user/consumer.
Who can be held liable in a product liability case?
The potential defendants in a product liability case include the manufacturer, distributor, and seller of the defective product. Retailers and designers may also be parties in some instances.
What damages can I recover in a product liability case?
In Tennessee, the damages recoverable in a product liability lawsuit include medical expenses, lost wages, pain and suffering, and emotional distress. In some cases, plaintiffs may recover punitive damages which are awarded when the defendant engages in intentional or reckless conduct.