Product Defect Guide From A Product Liability Lawyer
There are basically three types of defects in a product that can cause harm to a consumer and give rise to a cause of action. The presence of the defect must be proven in order for the consumer to progress his or her claim. Tim Bowden is well versed in these types of cases and has proven time and time again their presence in a product.
1. Defective Design. This type of defect means that the product itself is inherently defective in its design. The product is designed in such a way that it is unsafe and can cause potential harm. The defect did not occur in the manufacturing of the product but the product design itself is dangerous, regardless of if it was manufactured according to the standards of the manufacturer.
2. Defect in the Manufacturing of the Product. For this type of defect, the product’s design is safe but the defect of the product occurred somewhere along the manufacturing line. This means that the product design is fine but there was a flaw or problem that occurred while it was being made or manufactured. Other products of this design that have been manufactured the same way are safe, except for this one or this batch.
3. Defective Marketing. Defective marketing means that the product was safely designed and safely manufactured, but there was a failure to inform or warn the consumer as to the proper handling or consumption of the product and the potential danger if done otherwise. This type of defect usually occurs when appliances or medicines are involved.
See also: File A Serious Injury Claim
CONSUMER PROTECTION ACT
Tennessee Consumer Protection Act provides protection for consumers who are injured or harmed by defective products. It provides statutory and strict liability for designers, manufacturers, retailers, and suppliers and covers products that are used at home or at work.
Tim Bowden and his staff are experts in handling cases falling under the Consumer Protection Act, as well as liabilities falling under negligence and common law claims. He can give you expert representation and make sure that your rights are enforced. Call us now for a veterans disability lawyer in Goodlettsville TN.
Frequently Asked Questions
If I am injured or a loved one is killed by a defective product, against whom can I make a claim?
You can file a claim against the product manufacturer. In some instances, you may also make a claim against the product seller such as a distributor. If the products have been changed or repaired, the entities or individuals involved in the process of changing the product or making the repairs may also have some responsibility. It depends upon when and what was done.
What must be proven in a product liability case?
In a liability case, there are 3 basic elements: (1) – The product should have been in a defective condition that will be dangerous for its intended use; including negligence in the design of a product, a manufacturing defect that occurs when the product is sent out into the public with no proper quality control and inspection, and/or the instructions and warning are incorrect. (2) – The defect must have existed when the product left the manufacturer’s control and (3) – the defect must have been the proximate cause of the injury or death. Proximate cause is a legal term, meaning a cause, and not necessarily the only and single cause.
What damages can I recover in a defective product case?
You can recover for past and future medical costs, funeral and recent related damage costs, torment, handicap and emotional pain, and distortion, all both past and future. In the event that your ability to gain a living has been disabled you may recover for diminished earning capacity. Your spouse may likewise have a privilege to recover for the loss of your services and society caused by your injury covered disability.
When is a manufacturer liable for injury caused by a defective product?
The manufacturer will be liable when he/she either admits reasonability and accepts liability. or after the lawsuit has started the manufacturer is persuaded, the plaintiff’s lawyer has obtained enough information for a jury to find the manufacturer responsible by a verdict, then the manufacturer can go into a settlement. The lawyer for the plaintiff may also obtain a jury verdict requiring a manufacturer to be liable for the injuries caused by its product if the manufacturer does not settle prior to the trial.