Products Liability

Products Liability

Tennessee has a 1-year statute of limitations and a 10-year statue of repose, so act promptly if a defective product injures you!

Product liability places responsibility on the manufacturers, wholesalers, distributors, and vendors for damages caused by dangerous or defective products. The goal of product liability laws is to help protect consumers from dangerous products, while holding manufacturers, distributors, and retailers responsible for putting into the marketplace products that they knew or should have known were dangerous or defective. The High Law Offices is experienced in the many facets and avenues of product liability and they know how to get you the compensation you deserve.

In the United States, the claims most commonly associated with Product Liability are negligence, strict liability, breach of warranty, and various consumer protection plans. The majority of product liability laws is determined at the state level and varies widely from state to state. Each type of product liability claim requires different elements to be proven to present a successful claim.

  • Negligence: A basic negligence claim consists of proof of:
    • A duty owed
    • A breach of that duty
    • An injury, and
    • That the breach proximately caused the plaintiff's injury.
  • Strict Liability: Rather than focus on the behavior of the manufacturer (as in negligence), strict liability claims focus on the product itself. Under strict liability, the manufacturer is liable if the product is defective, even if the manufacturer was not negligent in making that product defective or unreasonably dangerous.
  • Breach of Warranty: Breach of warranty-based product liability claims usually focus on one of three types:
    • Breach of an express warranty
    • Breach of an implied warranty of merchantability
    • Breach of an implied warranty of fitness for a particular purpose.
  • Consumer Protection: In addition to the above common law claims, many states have enacted consumer protection statutes providing for specific remedies for a variety of product defects.
  • There are numerous issues that are taken into account with Products Liability; The High Law Office will guide you in the proper direction for your case. A few of the most common problems include:
  • Design Defects
  • Manufacturing Defects
  • Marketing Defects
  • Failure to Adequately Guard
  • Warning and Instructions
  • Product Failure

Questions of negligence and breach of warranty are also grounds for a claim for damages under product liability. In the case of negligence, if it can be shown that a company was negligent in testing its product adequately or in supplying directions for its use, the injured party probably has grounds for filing suit. Similarly, a manufacturer issues a warranty for use promising the product free from defect. If the item proves to be defective, the user can file a product liability case

In all cases of product liability, it is essential to the success of the case that the product be preserved and that all paperwork showing the origin of the product be made available. Receipts showing purchase, any repair records, etc., can be vital to building a successful case.

The answer to these questions is contact an attorney with The High Law Office for a free consultation. One of our attorneys will sit down with you in person or discuss your case over the phone at no charge. They will work to understand your situation and fight inside and out of the courtroom to see that you get all that you deserve.

To schedule a free consultation please call us at (615) 256-1000 to talk to an attorney in our Nashville, Tennessee office. If you would rather fill out a consultation form please click here.

We look forward to aggressively protecting your rights.

             

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