A product liability lawsuit is a civil lawsuit filed against the manufacturer or seller of a defective or unreasonably dangerous product.
If you've been injured or suffered other harm because of a defective product, you may be able to recover damages.
Let's take a closer look at product liability lawsuits in Tennessee.
A product liability claim in Tennessee can be based on negligence or strict liability:
In order to recover damages in a product liability case based on negligence, you must establish that:
There are 3 common types of defective conditions:
In order to recover damages in a product liability case based on strict liability, you must establish that:
For example, a multivitamin that causes 1 out of every 100 users to suffer a heart attack would be unreasonably dangerous.
Proving that a product is defective or unreasonably dangerous requires evidence, which may include:
One of the first things your attorney will do if you're contemplating filing a product liability lawsuit is serve the defendant with a "preservation letter." A preservation letter is a written request that certain documents and other relevant evidence be preserved in anticipation of a lawsuit. If the defendant ignores the letter and destroys relevant evidence, the court can impose sanctions.
In Tennessee, the following parties may generally be held liable in a product liability lawsuit:
However, in Tennessee, a seller can only be held liable if at least 1 of the following things is true:
In Tennessee, ANYONE who's injured by a defective or unreasonably dangerous product can file a product liability lawsuit. It's not necessary that the person purchased or even owned the product.
There are several defenses that manufacturers and sellers may be able to assert in a product liability lawsuit. The most common defenses include:
Tennessee law limits the amount of time you have to file a lawsuit based on a defective product. This time limitation is called the statute of limitations.
There are, however, a few situations in which you might have more time. Under no circumstances, however, can you file your lawsuit more than 10 years after the product was first used.
Statute of limitations for Tennessee product liability claims
|Physical injury from a defective product||1 year from the date of injury or from the date of discovery (but in no case more than 10 years from the first use of the product)|
|Property damage from a defective product||3 years from the date of injury or from the date of discovery (but in no case more than 10 years from the first use of the product)|
|If the defective product was a breast implant||25 years from the date of surgery or 4 years from the date the injury was discovered|
|If the product was defective due to asbestos||1 year from being diagnosed with mesothelioma or other similar condition|
Tennessee law requires that you state the amount of damages you're seeking in your legal complaint.
In Tennessee you can recover the following damages:
Like most states, Tennessee caps the amount of some damages that you can recover. In Tennessee, the following damage caps apply to product liability lawsuits:
If you suffered an injury due to a defective product, there are some steps you can take immediately following the injury to improve your chances of a successful lawsuit down the road:
A personal injury lawyer helps individuals who have sustained injuries in accidents to recover financial compensation. These funds are often needed to pay for medical treatment, make up for lost wages and provide compensation for injuries suffered. Sometimes a case that seems simple at first may become more complicated. In these cases, consider hiring an experienced personal injury lawyer. Read more