When a dangerous or defective product causes harm, it can upend your health, financial security, and peace of mind. Tennessee law holds manufacturers, distributors, and retailers accountable when unsafe products make it into the hands of consumers. At Aubrey Givens & Associates, PLLC, we focus on protecting Nashville residents who have been injured by products that never should have been on the market in the first place. Our team knows how to identify where responsibility lies, whether in design, manufacturing, marketing, or a lack of warnings, and build a strong case for the compensation you deserve.
If you or a loved one has been injured by a defective product, our product liability attorneys are here to guide you through your legal options and help you understand your rights. At Aubrey Givens & Associates, PLLC, we are committed to pursuing the justice and financial recovery you need to move forward. Contact us today for a free consultation on your product liability case.
What Is Product Liability Under Tennessee Law?
Product liability under Tennessee law refers to the legal responsibility held by manufacturers, distributors, sellers, and others involved in the product’s chain of distribution when a product causes injury or damage due to a defect. A product liability lawsuit can arise if a product is found to be defective or unreasonably dangerous at the time it leaves the control of the manufacturer or seller. Tennessee law recognizes several types of defects, including manufacturing defects, design defects, and failure to provide adequate warnings or instructions. The law allows injured consumers to seek compensation for harm caused by products that fail to meet the reasonable expectations of safety held by ordinary consumers.
Key aspects that make a case a product liability claim in Tennessee include:
- The product had a defect related to its manufacture, design, assembly, or packaging
- The product lacked proper warnings, instructions, or marketing disclosures
- The defect made the product unreasonably dangerous beyond what an average consumer would expect
- The defective product caused injury, death, or property damage
- The defect existed when the product left the manufacturer’s or seller’s control
Pursuing a product liability case not only aims to secure compensation for the injuries and losses suffered but also plays a vital role in preventing future harm by holding companies accountable for unsafe products. Successful lawsuits encourage manufacturers to improve product safety standards and help protect other consumers from similar risks.
Types of Defective Product Cases We Handle
Defective product cases can take many forms depending on how a product fails to meet safety expectations and causes injury. At Aubrey Givens & Associates, PLLC, we handle a wide range of these cases involving products such as medical devices, consumer electronics, vehicles, pharmaceuticals, and household goods.
Key types of defective product cases include:
- Manufacturing defects (errors during production or assembly)
- Design defects (flaws in the product’s intended design)
- Failure to warn or label defects (lack of sufficient instructions or warnings)
- Marketing defects (misleading claims or improper advertising)
- Assembly defects (errors in putting components together)
Depending on the circumstances, injured individuals may file individual lawsuits or, if many people are affected by the same defective product, consider joining a mass tort or class action to strengthen their case. Understanding your legal options early on is crucial, as choosing the right approach can impact the potential for compensation and the overall strategy of your claim.
Who Can Be Held Liable in a Product Liability Lawsuit?
In Tennessee product liability cases, proving negligence or defect is essential to holding the responsible parties accountable. Liability is not limited to just the manufacturer; it may extend to anyone involved in the product’s chain of distribution who contributed to its defective or dangerous condition. This can include the design, manufacturing, assembly, testing, packaging, labeling, marketing, or sale of the product. To succeed, plaintiffs must establish that the product was defective or unreasonably dangerous at the time it left the defendant’s control and that the defect caused their injury or damage. Compensation in these cases can cover medical expenses, lost wages, pain and suffering, and other damages related to the injury.
Parties who can be held liable in product liability lawsuits include:
- Manufacturers (designers, fabricators, producers)
- Distributors and wholesalers
- Retailers and sellers
- Suppliers and assemblers
- Any party that exercises substantial control over product design or modifications
Proving Negligence in Product Liability Cases
Building a successful product liability claim requires gathering strong evidence, such as the defective product itself, manufacturing guidelines, internal communications, medical records, and expert testimony, to prove both the defect and negligence. Having skilled legal representation is crucial to identifying all liable parties and holding them accountable for your injuries.
What Compensation Can You Recover?
In a Tennessee product liability case, injured individuals may be able to recover several types of compensation for the losses they have experienced. Recoverable damages can include economic losses, such as medical expenses, hospital bills, lost wages, property damage, and the costs of ongoing care or rehabilitation. Non-economic damages may also be awarded, covering pain and suffering, emotional distress, loss of enjoyment of life, or permanent disability resulting from the defective product. In especially serious cases involving egregious conduct by the manufacturer or seller, punitive damages may be available to punish wrongful behavior and help prevent similar harm in the future.
What to Do If You’ve Been Injured by a Dangerous Product
If you’ve been injured by a defective or dangerous product in Tennessee, taking prompt and deliberate action is essential to protect your rights.
Steps to take after a personal injury caused by a dangerous product include:
- Seek immediate medical attention and keep detailed records of your injuries
- Preserve the defective product and any packaging or instructions it came with
- Document the circumstances of the injury with photos, videos, and witness information
- Keep receipts, warranties, and proof of purchase for the product
- Consult an experienced product liability attorney who understands Tennessee law
- Allow your attorney to investigate the defect, gather evidence, and identify liable parties
- File a claim within the statute of limitations and pursue settlement negotiations or litigation if necessary
An attorney plays a crucial role in your product liability claim by guiding you through every step, from evaluating the strength of your case to gathering expert testimony and navigating complex legal procedures. They handle communications with manufacturers, insurers, and opposing counsel to protect your interests and aggressively pursue fair compensation.
Statute of Limitations for Product Injury Lawsuits in TN
Tennessee’s law sets a statute of limitations that generally requires you to file a product liability lawsuit within one year from the date of your injury. Beyond this, there is also a statute of repose that limits claims more than ten years from the product’s original purchase date. Knowing and acting within these deadlines is critical to preserving your claim. Pursuing a product liability case typically involves several important steps to build a strong foundation for your case and seek the compensation you deserve.
How Our Nashville Attorneys Investigate Product Claims
At Aubrey Givens & Associates, PLLC, we understand what it takes to build a powerful product liability case that holds manufacturers and other responsible parties accountable. Our Nashville attorneys dive deep into every claim, meticulously investigating the details surrounding your injury and the product defect.
With years of experience navigating Tennessee’s product liability laws, our team is dedicated to aggressively pursuing the compensation you deserve while helping prevent future injuries caused by defective products. We strategically negotiate with insurance companies and stand ready to take your case to trial if necessary, giving your claim the full attention it deserves.
Choosing Aubrey Givens & Associates, PLLC, means partnering with lawyers who genuinely care about your well-being and will fight diligently to protect your rights and secure justice on your behalf. Reach out today to get started.
