Products Liability: Who’s Responsible for Your Injuries?
Posted by Martin Heller Potempa & Sheppard, PLLC on October 11, 2019
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No doubt some consider manufacturing or machine shop jobs tedious. Worse yet, they can also represent prospective danger. That said, who’s responsible for your injuries if you’re hurt when using a hazardous piece of equipment? Could you have a products liability case?
Meanwhile, a products liability claim doesn’t have to be related to an on the job injury. You could be driving your car and get hurt when a new set of brakes malfunction. For that matter, it could be that the dealer or a mechanic claimed to fix a dangerous condition and failed to do so.
The words “product liability” somewhat speak for themselves. It’s the concept that if a product is defective, more than likely someone is responsible. Among others, it could boil down to:
Manufacturer of the product
In Tennessee, remedies for products liability actions fall under the Tennessee Products Liability Act of 1978. Like any other personal injury claim, you must provide proof that the product caused you harm. This means if you were lucky enough to escape harm – you most likely won’t have a case.
Products Liability for Defective/Unreasonably Dangerous Products
Tennessee Code § 29-28-105 provides some further requirements regarding the pursuit of a products liability lawsuit. An experienced products liability attorney will need to provide proof that the product was in a “defective condition or unreasonably dangerous when it left the control of the manufacturer or seller.”
As much as you might be certain that you know something was wrong with a particular product, your attorney will want to retain an expert who provides an opinion based on scientific and technological knowledge.
When it comes down to it, it’s not just defective conditions that matters when it comes to product liability laws in Tennessee. The fact that something is unreasonably dangerous also matters. Just because a chainsaw is dangerous doesn’t make it unreasonably dangerous.
Instead, if a manufacturer could put guards on a machine and prevent an amputation, the courts might consider this as an unreasonably dangerous product.