Unfortunately, injuries because of defective products are a common occurrence. When these avoidable accidents happen, there are laws in place to hold the manufacturer or vendor accountable for the physical harm, mental distress, and financial burdens a person and their family suffers. However, while state legislation exists to protect consumers, navigating the civil law process can be challenging.
Reaching out to a board-certified Bartlett defective products lawyer can help you collect the compensation you need. If you or someone you love sustained damages due to another party’s negligence, contact a hard-working personal injury attorney at the Law Office of David E. Gordon to schedule a free consultation.
Defective Products that Commonly Cause Injuries
Any kind of product could have flaws and cause harm to consumers. However, some of the more common defective product injury claims in Tennessee include:
- Medical devices
- Food products
- Trampolines and bicycles
- Prescription and over-the-counter drugs
- Escalators and elevators
- Vehicle parts, including seatbelts
- Fryers, pressure cookers, and other kitchen appliances
- Toys and other children’s products
A Bartlett dangerous products attorney like David. E. Gordon can complete a thorough investigation and product inspection to determine the cause of the damages. Then, they can use the collected evidence to build a strong claim to recover losses.
Types of Defective Products Claims
A claim against a manufacturer or vendor will likely fall within one of three categories:
Design Defect
A design defect occurs during the blueprint stage of the manufacturing process. Thus, this kind of problem will include the entire line of products and cause all of them to be faulty and require removal from the market.
Manufacturing Defect
Manufacturing defects cause only a specific batch of products in production to present a potential hazard to consumers. The mistake occurs while the items are on the manufacturing line and are frequently a result of contaminations.
Failure to Warn
Failure to warn claims occur when the producer or marketer does not provide adequate instructions or warning labels on the product(s). In this scenario, a defect can mean the manufacturer did not warn of potential risks or provide instructions on how to use the item correctly, resulting in the consumer’s injuries.
Determination of Defective or Hazardous Products
Per Tennessee Code 29-28-105, a product that causes damages during everyday use is legally considered “defective.” If an injured individual, with the help of their attorney, can prove they purchased a faulty item that caused damage, the court may award them compensation in a personal injury claim.
The product must be dangerous and defective when it leaves the manufacturer or seller for an injured person to file suit against them for negligence. When determining liability, the court will review and consider the product design, usual market standards, and manufacturing techniques.
In cases where the civil claim is based on a failure to warn, the producer will not be liable if the hazard would be apparent and obvious to any reasonable person in the same circumstances. A diligent products lawyer in Bartlett—like David—can help establish that a particular product meets the requirements of the legal statute for financial recovery and advocate on their client’s behalf.
Meet With a Knowledgeable Bartlett Defective Products Attorney
Manufacturers are legally obligated to ensure that every item they produce is safe for consumer use before putting them out on the shelves for purchase. When there is a flaw that causes damages, you have the right to hold them legally accountable.
Though product liability claims can be challenging, an experienced attorney is prepared to help you navigate the process. If you sustained injuries from a faulty item, get in touch with a dedicated Bartlett defective products lawyer at the Law Office of David E. Gordon to schedule your free consultation.
