Hamilton County Defective Products Lawyer

If you experienced an injury as a result of a defective product, you might be stuck or confused about how to proceed with your legal recovery. A Hamilton County defective products lawyer could provide professional legal assistance. As personal injury attorneys near you, experienced litigators could help you strategize your case for relief.

The Three Major Defects

Tennessee defines a defective condition under Tennessee Code §29-28-102 as a condition of a product rendering it unsafe for normal or anticipatable handling and consumption. There are three categories of product defects that lead to civil liability. The first is known as a manufacturing defect.

Manufacturing Defects

Manufacturing defects occur when a product departs from its intended design, regardless of how careful the manufacturer was at designing the product, the materials used, and the company’s assurance guidelines. If the product fails to comport with the intended design when it leaves the factor, if the manufacturing defect causes the plaintiff’s injuries, the manufacturer could be held liable.

Design Defect

When the product is manufactured based on the intended design and still possesses a foreseeable risk of harm, it likely has a design defect. Design defects render products defective by nature. If a defective product lawyer in Hamilton County is able to show that there is a flaw in the design that occurred prior to the manufacture of the product, he or she might be able to hold the company liable.

Marketing Defects

Lastly, failure to provide proper labeling, instructions, or adequate safety warnings on a product is grounds for a marketing defect. Manufacturers are required to warn consumers of hidden dangers present in the product, as well as instruct them on how to properly use the product in order to avoid the dangerous use of the product. For example, if a company manufactured and sold a chainsaw that failed to instruct consumers on how to use and store it, causing them injury properly, they could sue the manufacturer for damages.

Three Major Defenses to Defective Product Claims in Hamilton County

There are three defenses that are commonly used to avoid liability that a Hamilton County defective products attorney would have to overcome. First is the unavoidably unsafe product defense. The law has determined that by nature, the inherent danger of certain products cannot be avoided, regardless of the amount of safety used, such as a firearm. As long as proper warnings of potential risks and dangers are given along with the product, the manufacturer cannot be held liable for injuries that result from the product’s use.

Second, defendants might argue that the plaintiff has joined them as an improper party. Defective product claims are notorious for incorrect parties being listed as liable because of how many potential companies might be involved in the manufacturing and selling of the product. The third defense that is commonly used to escape liability is that the plaintiff substantially altered the product after it left the manufacturer’s control. If the plaintiff’s alteration of the product was substantial enough and caused the plaintiff’s injuries, the manufacturer might not be held liable for damages.

Reach Out to a Hamilton County Defective Products Attorney Today

The process of recovering from an injury is enough to stifle most. Add the financial and legal battles that might follow, and you might feel overstressed and concerned about your future.

A Hamilton County defective products lawyer could be there to support you. Going solo against big manufacturing companies could leave you vulnerable. Seeking the help of a legal professional could help even the odds and help you stress less about your relief efforts. Start discovering your potential case, call today, and schedule a consultation.