Jonesborough Product Liability Attorney

If you suffered severe injuries as the result of a dangerous product in Jonesborough, you could be entitled to seek compensation for your losses through a product liability claim. Contact a personal injury lawyer at The Terry Law Firm to learn more in a free initial consultation.

What Are Product Liability Claims?

The term “product liability” describes the liability that a product manufacturer or anyone involved in a product’s distribution chain may have if their product injures a consumer. Under product liability laws, a product’s manufacturer or distributor bears legal responsibility when a consumer who purchases their product suffers injuries due to the everyday intended use of the product.

What Do You Have to Prove in a Product Liability Case in Jonesborough, TN?

Just because a consumer product injured you doesn’t necessarily mean you have grounds for a successful product liability case. In Jonesborough, TN, product liability cases, you must be able to demonstrate the following elements:

• The product was unreasonably dangerous or defective. This means the product was hazardous to consumers in a way the average user would not have anticipated or dangerously flawed because of the way it was designed, manufactured, assembled, or labeled.
• You were injured as a direct result of the product’s defect. You must show that you were injured from using the product and that your injury directly resulted from the defect itself.
• You were using the product as intended when the injury occurred. You must demonstrate that you were using the product in a way the manufacturer intended when your injury occurred. Even if you weren’t using the product precisely according to the manufacturer’s instructions, you may still meet this requirement if you used it in a way the manufacturer could reasonably expect an ordinary consumer to use it.

Who Can Be Held Liable for a Dangerous Product in Jonesborough, TN?

Depending on the circumstances surrounding a defective product injury case, any of the following parties may be liable:

• The manufacturer – Manufacturers may be liable for defects that originate from flaws in the design, manufacture, assembly, labeling, or quality control of an unsafe product.
• The distributor or retailer – Wholesalers, retailers, and other distributors can be liable if they knowingly sold you a defective product or failed to store the product to prevent unsafe wear and tear properly.
• The product user – If someone else’s use of a defective product injured you, you might have grounds for a claim against the user if they were negligent in some way.

Three Types of Product Defects

If you suspect you may have grounds for a product liability claim, it’s helpful to understand the three main types of product defects:

• Manufacturing – A manufacturing defect is any defect that arises during the manufacturing phase, for example, as the result of poor-quality materials or missing components. Manufacturing defects may affect only a certain number of units in a production run.
• Design – A design defect arises from a flaw in the design of the product that makes every produced unit unnecessarily dangerous.
• Labeling – Labeling defects occur when manufacturers or distributors fail to provide adequate safety labels, markings, or instructions to warn consumers of potential risks.

Examples of Consumer Products with Defects

The product liability lawyers at The Terry Law Firm represent people who have sustained injuries through the use of defective consumer products such as:

• Defective motor vehicles – Cars, trucks, motorcycles, and other vehicles with defects in critical components such as braking systems, tires, steering systems, or airbags can cause severe injuries.
• Talcum powder – Research has linked the use of talcum powder to life-threatening conditions like ovarian cancer, lung cancer, and mesothelioma.
• Roundup – Studies suggest the use of Roundup weed killer and other glyphosate products may increase users’ risk of developing certain cancers.
• Children’s products – Popular children’s products such as trampolines, bath seats, and walkers can result in severe or fatal injuries to kids.
• Dangerous medications – Certain drugs, such as Elmiron, have been linked to harmful side effects. Elmiron has been shown to increase users’ risk of developing eye damage and blindness.
• Defective medical devices – Certain defective medical devices such as surgical meshes have been linked to complications and adverse patient outcomes.

Compensation for Injuries Caused by Defectively Manufactured Products

If a hazardous product injured you, you could be entitled to recover compensation to cover losses such as:

• Past, present, and future medical expenses related to the treatment of any injuries you sustained from the defective product
• Lost wages and lost earning capacity if the injuries you sustain from the product force you miss time at work or leave you with a disability that prevents you from returning to work
• The subjective costs of the physical pain and mental suffering you endure as a result of the accident and your subsequent injuries
• Punitive damages designed to punish the defendant and deter similar wrongdoing
• Repair or replacement costs for personal property that sustains damage due to the malfunction of the defective product

Statute of Limitations on Product Liability Cases

If you wish to file a product liability lawsuit in Tennessee, the state’s statute of limitations laws provide the following strict time limits:

• Cases involving personal injury – Lawsuits involving injuries caused by defective products must be filed within one year of the date of the injury.
• Cases involving property damage – Lawsuits involving property damage caused by defective products must be filed within three years of the date when the property damage occurred.
• Cases involving defective breast implants – Lawsuits involving defective breast implants must be filed within 25 years of the original surgical implantation or within four years of the date when the injury is discovered.
• Cases involving asbestos – Lawsuits involving mesothelioma or other health conditions caused by asbestos exposure must be filed within one year of diagnosis.

What to Do If a Dangerous or Defective Product Has Hurt You

If a dangerous product in Jonesborough injured you, you should protect your legal rights and your ability to pursue compensation by:

• Seeking prompt medical attention for your injuries and following through on your doctor’s treatment recommendations
• Gathering evidence such as the defective product itself, photos of the accident scene, statements from eyewitnesses, and the defective product itself
• Keeping notes to record your daily pain levels and other details about the physical limitations you experience due to your injuries
• Avoiding discussions of the accident with anyone other than your attorney and avoiding social media activity while your claim is pending
• Keeping track of your medical records, bills, and other paperwork that can demonstrate the financial losses you suffered due to your injuries
• Contacting a knowledgeable product liability attorney for a free consultation

Contact a Jonesborough, TN Product Liability Lawyer for Help

To discuss the details of your Jonesborough, TN product liability claim with a dedicated personal injury attorney, contact us online or call The Terry Law Firm for a free initial case review today.