Recognizing Product Liability Claims Against Manufacturers
Tennessee Defective Products Lawyer
Many consumers who are injured by a defective product focus primarily on suing the retailer that sold the product. But the manufacturer that made the unsafe or defective product has legal liability for any product that causes harm when used as intended. Tennessee product liability law provides several avenues for injured consumers to bring claims against manufacturers and others involved in the design, manufacture and marketing of dangerous products. Manufacturers often are in the strongest financial position to provide just compensation for injuries caused by unsafe products.
If you or your loved one has been seriously injured by a defective product, you may be entitled to seek compensation for your injuries. Manufacturers have a legal duty to make and sell safe products that do not cause injury when used as intended. The experienced product liability lawyers at Terry, Terry & Stapleton have been assisting victims of personal injury and defective products in Tennessee for more than four decades.
Call us today at 877-481-6918 to discuss your legal rights if you have been injured by a defective product. We will review your accident free of charge and advise you whether you have a product liability claim against a manufacturer. We represent clients throughout Tennessee including Rogersville, Newport, Morristown, Knoxville, Kingsport, Johnson City, Jefferson City and Greeneville.
Manufacturers’ Duty to Make Safe Products
The basic premise behind product liability law is that manufacturers are usually in the best position to keep defective or unsafe products from entering the marketplace in Tennessee and other states. If a manufacturer fails to exercise its duty to protect consumers from unsafe products, manufacturers can and should be held accountable. A person injured by an unsafe product may file a product liability lawsuit in Tennessee against a manufacturer, even if the manufacturer is based in another state.
A product liability claim against a manufacturer may be based on one or more possible legal theories:
- Negligence — The lack of reasonable care in the manufacture of a product or lack of warning about risks the product poses
- Breach of warranty— The failure to fulfill terms of a stated or implied promise regarding the product’s performance
- Misrepresentation—A manufacturer may be liable for any misrepresentation about a product that may cause injury to a consumer. This includes misrepresentation by omission.
- Strict liability— The concept that a manufacturer or other defendant is liable for damages for an injury caused by a defect in their product, even without proof of negligence.
Tennessee Products Liability Act and Manufacturers
Under the Tennessee Products Liability Act, an injured party must show that the product was in defective condition or unsafe when it left the manufacturer and the manufacturer did not adequately warn of the danger. The law takes into account the state of technological understanding of safe design at the time the product was made.
A manufacturer must take reasonable care in the production of a product, including the use of proper packaging and issuance of product warnings and instructions for proper use. A manufacturer must warn consumers of any risks a product poses when used normally. If the manufacturer fails to adequately warn of a product’s risk, it may provide grounds for a failure-to-warn claim. An experienced product liability attorney will investigate whether a manufacturer breached its duty in producing an unsafe product and subjected consumers to undisclosed hazards.
Many types of unsafe products may be the basis of a product liability lawsuit against a manufacturer. Some common examples include machinery and equipment, power tools, automobiles, prescription drugs, medical devices, chemicals, cosmetics, recreational products and food.
Product liability claims are a complex area of law. It’s best to talk to an experienced products liability attorney who has handled many defective product cases to understand whether you have a legal claim against the manufacturer of an unsafe product.
Contact Tennessee Product Liability Injury Lawyer
If you have suffered a serious injury from a defective product, contact the team of Tennessee product liability attorneys with 48 years of hands-on experience. We will analyze your accident free of charge and advise you whether you have a product liability claim.
Our goal at Terry, Terry & Stapleton is to obtain justice for you and your family by holding accountable manufacturers and distributors that make and sell unsafe products. Take the first step by contacting a knowledgeable and compassionate Tennessee product liability and accident lawyer.
For a free, no-obligation consultation about your accident, call us today at 877-482-2056.
