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  • Writer's pictureRobert Schuerger II

How to File a Lawsuit for Product Liability in TN |

In today's bustling marketplace, consumers expect the products they buy to be safe to use. However, sometimes, this trust is misplaced, and people may find themselves injured due to an unreasonably dangerous or defective product.


When this happens, the easiest way to recover compensation for the losses is through a product liability claim. 


Step 1: Receiving Medical Treatment 

Step 1: Receiving Medical Treatment 


In the aftermath of an accident involving unreasonably dangerous or defective products, seeking medical attention should always be the priority. 


John, for example, buys a new lawnmower to keep his grounds pristine. However, during its first use, a faulty blade breaks loose and strikes him, causing deep lacerations to his leg. 


Despite the shock and pain, John knows that getting medical help is necessary. He immediately calls for emergency assistance and is rushed to the nearest hospital for treatment.


Receiving quick medical care ensures the best possible outcome for the victim's health and establishes a record of their injuries. 


Step 2: Preserving the Defective Product 


While it may be tempting to discard or replace the defective product, doing so could potentially disrupt the product liability lawsuit.


Instead, it's crucial to keep the product in its original condition, as it serves as evidence to prove the issue.


In this event, Mary's new smartphone, for example, overheats and catches fire while charging, causing damage to her home and belongings. 


Understandably shaken, she realizes the importance of preserving the device. Mary safely unplugs it, removes it from the charger, and places it in a secure location, away from other flammable items.


By preserving the defective product, people like Mary can provide tangible evidence of the product's unreasonably dangerous condition at the time of the incident.


Step 3: Contacting a Nashville Product Liability Lawyer 


Following the previous example, Mary decides to seek legal representation to pursue a product liability claim. 


She does some research and finds a reputable Nashville product liability lawyer with a track record of success in handling similar cases under Tennessee law. They can also explain how to file a lawsuit for premises liability in TN.


Mary reaches out to the expert for a free consultation to discuss her situation and explore her options for seeking compensation. 


Contacting a qualified product liability attorney early in the process can make a significant difference in the outcome of a personal injury claim based on unreasonably dangerous products.


The Different Types of Defects in a Product Liability Claim 


When it comes to product liability claims, understanding the various types of defects is essential. These issues can range from flaws in the manufacturing process to inherent design issues or failures in marketing and warnings. 


Manufacturing Defect 

A manufacturing defect happens when there is an error or flaw in the production process that renders the item different from its intended design.


This defect can take place at any stage of manufacturing, from the sourcing of materials to assembly and packaging.


Examples of such defects include using substandard materials, improperly installing components, or neglecting quality control measures.


Design Defect

Unlike a manufacturing issue, a design defect stems from the product's blueprint or design phase. It happens when the product's design is naturally unsafe, posing a risk of harm to consumers even when manufactured correctly. 


Design defects can affect entire product lines and may result in widespread injuries or recalls.


Marketing Defect

Also known as a failure to warn or inadequate warning defect, a marketing defect takes place when a product lacks proper instructions regarding its safe usage. 


Manufacturers have a duty to provide consumers with clear and accurate information about potential risks associated with their products. 


Failure to do so can lead to liability if injuries happen due to the lack of adequate warnings or instructions.


Victims Need to Prove Three Elements in Product Liability Claims 

Victims Need to Prove Three Elements in Product Liability Claims 


According to Tennessee's product liability law, victims must prove a few elements if they want to recover maximum compensation from the at-fault party in product liability lawsuits. For more information, a Nashville defective product attorney may be able to help.


Negligence 

Carelessness is an essential concept in personal injury law. The plaintiff needs to prove that the defendant (usually the maker, supplier, or retailer) didn’t show reasonable care in the model, manufacture, or distribution of the defective product.


To prove negligence in a product liability lawsuit, the victim must demonstrate the following:


  • Duty of Care

The defendant owed a duty of care to the consumer to provide a safe product. 


  • Breach of Duty

Next, the at-fault party breached this duty by failing to exercise reasonable care in the design, manufacture, or distribution of the unreasonably dangerous product.


  • Causation

The victim's injuries were caused by the defendant's breach of duty and the defective condition of the product, thus holding them liable in the product liability lawsuit according to Tennessee law.


  • Damages

Lastly, the victim suffered actual harm or losses as a result of the defendant's negligence and the defective products.


Strict Liability 

Unlike negligence, strict liability does not require proving that the defendant was negligent or careless.  Instead, it holds manufacturers, distributors, and sellers liable for wounds caused by defective products, regardless of fault. 


To establish strict liability in a product liability claim, the victim must prove:


  • The product was dangerous or in a defective condition when it left the defendant's possession.

  • Also, the victim used the product as intended or in a reasonably foreseeable manner.

  • Next, the defect in the product was a direct cause of the victim's injuries.

  • The plaintiff suffered actual harm or losses due to the defect, thus encouraging them to file a product liability lawsuit.


Warranty Breach

Warranties can be clearly stated or implied by the law, and their breach can give rise to a product liability claim. 


To establish a warranty breach in a product liability claim, the plaintiff must prove the following elements:


  • The existence of a warranty, either expressed or implied, regarding the safety or quality of the product.

  • Also, the product failed to conform to the terms of the warranty.

  • Lastly, the victim suffered harm or losses as a result of the breach of warranty.


Victims of defective products should hire Tennessee product liability lawyers to ensure the best possible outcome in a lawsuit. They are also able to help with how to file a lawsuit for nursing home abuse in TN.


Conclusion 


Anyone who has been injured by a defective product in Nashville, Tennessee, should reach out to Schuerger Shunnarah Trial Attorneys for a free consultation.


Stating, "We Go to War for You," its expert can help victims file product liability lawsuits within the state's one-year statute of limitations. 

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