East Ridge Product Liability Lawyer

East Ridge residents purchase and use a variety of products every day, ranging from automobiles and appliances to food and medications. You expect these products to be safe, but oftentimes, they are not. If you were injured after using a defective product, an East Ridge product liability lawyer may be able to help you recover the financial compensation you deserve. Reach out to a skilled personal injury attorney who could help you with your potential claim.

Causes of Action in Product Liability Cases

Consumers who are harmed by dangerous products may be able to recover damages under several different Tennessee law theories. An injured consumer most often sues the manufacturer or seller of the product under the following claims:

  • Strict liability, in which a product is sold with a defective or dangerous element, even if the manufacturer is unaware of the danger at the time of sale
  • Negligence, in which the recklessness of the manufacturer caused the damage
  • Failure to disclose or misrepresentation about some aspect of the product which causes the injury
  • Defective design

Choosing the correct cause of action requires knowledge of Tennessee’s defective product laws. An East Ridge attorney could review the facts of an injury and advise a client about liability and causes of action.

Breach of Three Warranties are Also Causes of Action

An injured consumer may also bring an action for breach of warranty. Our East Ridge personal injury attorneys, experienced in handling product liability cases, will assess the three types of warranties a manufacturer or seller could breach. A manufacturer or seller offers an express warranty by promising in writing or verbally that a product will perform in a certain way. An implied warranty of merchantability assumes a product will be of average quality compared to similar products. An implied warranty of fitness assumes the product is fit to serve the purpose for which it was manufactured.

Proving Product Liability for a Faulty Product

Identifying the defendant in a product liability lawsuit can be difficult because of the vast array of imported products labeled as manufactured or distributed by American companies. Plaintiffs may also need to identify designers if the product design is defective. They must also show that any injury would likely not have occurred except for the defective product or an unreasonably dangerous component. However, a plaintiff’s claim may be voided if they tampered with the product. They must use the product as it is intended. Our East Ridge product liability attorneys could discuss the unique circumstances surrounding each case and how it might affect a claim.

Two Tests Tennessee Uses in Proving Product Liability

Tennessee courts use two tests to help determine if a product is defective. The consumer expectation test and the prudent manufacturer test. Juries may apply either or both tests to evidence presented in a case. The consumer expectation test is based on the idea of the ordinary person. The jury will decide if a product’s safety and performance would be adequate to an average person with average knowledge about the product. When complex products are unfamiliar to the ordinary person, the jury will apply the prudent manufacturing test.

Product Liability Cases Often Move to Federal Court

Because manufacturers are routinely located in states other than the plaintiff’s state, many product liability cases are moved from Hamilton County Circuit Court to federal court. Federal laws and procedures vary from Tennessee laws, so it is wise for injured victims to contact an experienced Tennessee personal injury attorney with knowledge of defective product litigation.

An East Ridge Product Liability Lawyer Could Help

You may find that more than one defendant is at fault for your injury, including a manufacturer, designer, and a seller that knew the product was dangerous. Your case could be moved to federal court if the defendants are located in another state. Your financial compensation should be commensurate with the damages you suffered. By scheduling a consultation with an East Ridge product liability lawyer, you could gain an ally in your legal fight for justice. Call right away to get started.