Manufacturers, distributors, retailers, and others involved in product distribution are entrusted with making sure the items they provide to consumers are safe. When dangerous products are made and sold, serious injuries can result. The dedicated injury lawyers at Martin Heller Potempa & Sheppard PLLC help Nashville residents and other individuals throughout Tennessee who have been harmed by an unsafe product. We can guide you through the process of pursuing the compensation you deserve from any parties that may be responsible. Product defects may be found in a variety of items, and they can be caused by various issues within the manufacturing chain, often making multiple parties liable. Our firm handles these complex claims, ensuring that our clients know their rights and that those rights are tenaciously asserted.Holding a Manufacturer Accountable for Compensation
Product liability claims tend to fall into one of three categories: manufacturing defects, design defects, and failures to warn. Determining which category a defect falls into can take considerable investigation into the product’s background to figure out who may be responsible. Depending on the type of defect, various parties may be liable for the damages incurred.
When a flaw occurs in the assembly of a product, a manufacturer can potentially be held liable for injuries caused by a manufacturing defect. These are problems that occur in specific items in a line of products, resulting in items that are different from what the manufacturer intended for products in that line. Strict liability attaches to any product that suffers from a manufacturing defect, meaning that manufacturers may be responsible for any damages, regardless of the safety precautions taken. A victim injured by a manufacturing defect need only show that the defect was present at the time the product left the manufacturer’s control.
Design defects are present due to a fundamental flaw in a product’s blueprint or concept, making that product inherently dangerous to consumers. These problems occur in all products that are manufactured. To hold a manufacturer or another party liable for injuries caused by a design flaw, a victim must establish that:
- A product’s design was unreasonably unsafe before it was manufactured;
- The dangerousness of the product was apparent, given a consumer’s ordinary or foreseeable use; and
- The manufacturer had the option to use a superior and economically appropriate design.
Defects in design can occur in various products, such as unsafe airbags that lead to severe car accidents or dangerous children’s toys. Because of the complexity involved in these types of claims, it is important to consult a knowledgeable attorney who can help you determine whether a defective product caused your injuries, as well as who was responsible for putting the product on the market.
Finally, if a product fails to contain sufficient warnings and instructions regarding its use, a failure to warn claim may arise. Manufacturers that do not provide warnings for products that pose inherent, nonobvious risks may be liable for injuries that result. For instance, failure to warn claims may arise for products with combustible fumes, medications that interact negatively with certain other drugs, or a specific age restriction for a product’s safety.Dedicated Legal Representation for Accident Victims in the Nashville Area
If you or a loved one has been injured by a product defect that causes a motor vehicle accident or another harmful event, the Nashville attorneys at Martin Heller Potempa & Sheppard can help you explore your legal options. We also represent injured individuals in Franklin, West Meade, and Charlotte, as well as across Davidson and Williamson Counties. Contact us online or call us at 615-800-7096 to set up an appointment.