Tennessee Product Liability Law: Claims Against Manufacturers
The majority of consumers who sustain an injury due to a defective product will primarily focus their attention on filing a product liability claim against the retailer who sold them the product. However, the manufacturer of the product, whose production processes developed an unsafe or defective product, bears legal responsibility for products which cause users harm when being used as intended.
Fortunately, numerous options exist in Tennessee product liability law for those who have sustained an injury from using a defective good. Of these options, filing product liability claims against those responsible for the manufacture, design, and distribution of dangerous products may be the best way to move forward.
More often than not, a manufacturer will be in a much better position to have the resources to provide fair compensation for the injuries that were caused by the use of their defective product. In the event that you or someone you care about has sustained a serious injury because of a defective product, you could have a right to seek compensation for those injuries.
Manufacturers’ Responsibility to Produce Safe Products
Essentially, product liability law is based on the idea that manufacturers will typically be in the most opportune position to prevent hazardous products from ever reaching the marketplace. If manufacturers are unable to follow through on their responsibility to ensure consumer safety by producing safe products, then they may be held responsible for the injuries their consumers sustain because of their defective product. Those who have been injured by the use of a defective product can file a product liability claim against a manufacturer, even if they are based outside of Tennessee.
Product liability claims brought against manufacturers will usually fall under one of the following categories:
- Breach of Warranty – The inability to meet the conditions of the product’s performance which were either overtly stated or implied.
- Misrepresentation – Any misrepresentations about a product which has the potential to harm a consumer , including misrepresentation by omission.
- Negligence – When a manufacturer fails to exercise reasonable care during a consumer good’s production or to provide adequate warnings regarding the potential dangers the product may pose.
- Strict Liability – Even with no evidence of negligence, a manufacturer can still be held responsible for compensating injuries which were caused by defective products.
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If you have been injured due to the negligence of a product’s manufacturer, you should seek immediate legal assistance to protect your rights. Contact us today to set up your free consultation.
Tennessee Products Liability Act of 1978
The Tennessee Products Liability Act of 1978 established that an injured party is required to provide evidence that the product’s condition was defective or hazardous at the time of its departure from the manufacturer and that they failed to provide adequate warning of these hazards. These regulations take into consideration the present level of understanding in regards to the technology in safe design when the product was manufactured.
Manufacturers should always exercise necessary precautions throughout the entirety of the manufacturing process, including properly packaging the product as well as issuing necessary warnings about dangers involved in the product’s use. Manufacturers should additionally include instructions for proper use in the product’s packaging. In the event that a manufacturer is unable to provide adequate warnings of the inherent risks involved with ordinary use of a product, they may be subject to failure-to-warn product liability claims.
Contact Experienced Product Liability Attorneys
An experienced product liability lawyer will launch a thorough investigation into whether a breach of responsibility in the production of a hazardous product occurred, which placed consumers at risk of undisclosed dangers. Product liability claims can be difficult to traverse alone, so the best option is to speak with an accomplished Tennessee person injury lawyer with experience handling numerous product liability cases. The attorneys at InjuryTN are dedicated to helping our clients understand what options they have when moving forward with a product liability claim. Contact our office by phone at (615) 640-HURT or online by filling out a contact form to schedule your free and confidential case evaluation with an experienced personal injury attorney to discuss how we can protect your rights.