Defective Products

Information you need to know about Defective Product cases.

Defective Product cases involve an injury caused by a defective product that was unreasonably dangerous when it left the manufacturer and causes personal injury.

There are actually three different types of defects in products liability cases.

• Design Defect – the overall design of the product is flawed in such a way that the entire product line is unreasonably dangerous to consumers.
  
  
• Manufacturing Defect – the design of the product line is safe, but one or more of the products left the factory in a state that made those particular items unreasonably dangerous.
  
  
• Insufficient Warnings – the manufacturer has designed a product that operates safely and correctly but fails to include proper warnings or instructions which make the product unreasonably dangerous.

Most defective product cases are based on a theory known as “strict liability” which means that the person who is injured does not have to prove that the manufacturer or seller was at fault, only that the product was defective and caused an injury as a result of that defect.

Many different parties may be held responsible in a defective products case depending on the type of injury and the nature of the transaction that led to the consumer acquiring the product.  Generally the manufacturer is responsible, but in certain cases other parties such as retailers, wholesalers and distributors may also be held responsible.

If you think you have been injured by a defective and unreasonably product there is several things you should try to collect:

• if possible, the product itself (or what remains of the product)
• receipts and information about where you bought it
• copies of medical records related to the injury
• details about property damaged
• all documentation relating to the injury (pictures, witnesses names)

Time is very important. Tennessee law requires that most types of Products Liability claims must be filed no more than one year from the date of death or injury.  It should also be noted that most Product Liability cases are completely barred 10 years after the injured party purchased the product or that product was originally sold to a consumer. 

Watson Burns takes products liability cases on a “contingent fee” basis.  This means that the law firm will advance all expenses and costs and accept a percentage of a successful verdict or settlement as payment.  If your case is not successful then you will not have to pay anything.  This is important because products liability cases often require expensive expert scientific testimony and analysis.

Contact us about your legal matter today!