Sustaining an injury from a product is always a shock. You purchased the product believing it would do its job, yet were harmed in one or several ways. If you need to speak with a Bartlett product liability lawyer, do so immediately.
The legal professional will let you know immediately if your case is viable and discuss the next steps, such as filing a legal claim within the state’s statute of limitations. Even if you are uncertain whether you have a case, speaking with a personal injury lawyer in Bartlett, TN, is highly recommended. You might be surprised to discover that other individuals have suffered injuries from the same product, resulting in a larger lawsuit against the offending party or parties.
Call a Bartlett product liability lawyer from Gatti, Keltner, Bienvenu & Montesi today.
How a Lawyer Proves Product Liability
To prove a product is dangerous, the lawyer must show that the accused party was negligent, the item in question was used correctly, and that said usage directly resulted in the plaintiff’s injuries. For example, the plaintiff purchased a piece of lawn equipment and followed the startup instructions exactly. Because the equipment featured a faulty part, starting the machinery resulted in serious physical harm.
The plaintiff’s legal claim is subsequently justified, and the accused party must compensate them for their injuries. The compensation requested in a product liability case can include economic damages such as:
- Emergency medical expenses
- Lost wages
- Ongoing medical care
- Property damage
Common non-economic damages include:
- Pain and suffering
- Mental anguish
- Emotional distress
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Parties Who Can Be Held Liable in a Product Liability Case
Depending on the product in question, one or multiple parties may be liable. The designer is liable for creating a faulty, dangerous item if the product is inherently flawed. There are also times when the product itself is sound, but the manufacturer does not assemble it correctly, making it dangerous to use.
Other liable parties can include the distributor and retailer. Sometimes, the distributor knows a product is flawed or was damaged in a way that makes it dangerous but allows it onto store shelves. If the retailer is aware of the dangers but still lets customers purchase the product, they are liable.
Failure to Warn
“Failure to warn” is yet another reason for legal action. For example, perhaps a children’s toy features several small parts and should not be used by kids under 6. The product features no warning about choking hazards or the recommended age for use.
The manufacturer is liable if this “failure to warn” caused one or numerous children to choke. Examples of products that can cause injuries for various reasons include, but are not limited to:
- Lawn equipment
- Household appliances
- Medical devices
- Power tools
- Motor vehicles
- Beauty tools
If these or any other faulty products resulted in injuries, contacting a premise liability attorney in Bartlett, TN, is the best next step.
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Where Personal Injury Laws Fit In
The statute of limitations for filing personal injury claims in Tennessee is one year from the date of the incident as per Section 28-3-104 of the Tennessee Code. Filing after the statute of limitations has expired results in a case dismissal.
The state refers to its modified comparative negligence laws to establish blame in a product liability case. For example, the plaintiff purchased a power tool but did not read the proper usage and safety hazards instructions. They did not use the tool correctly, resulting in serious cuts, lacerations, and burns.
Because these individuals failed to use the product correctly, they are 80% or more to blame for their injuries.
Modified Comparative Negligence
Modified comparative negligence laws state that this person cannot request compensation because their injuries are their fault. Any personal liability case where the plaintiff is 50% or more to blame for their physical harm eliminates entitlement to compensation.
Conversely, say the plaintiff followed the instructions regarding how to start their new ride-along lawn mower but was thrown from the small vehicle because of a malfunctioning part. The plaintiff rode the mower over a rocky section of their property, causing the faulty part to sustain irreversible damage and cause the accident. Because the part would malfunction anytime, the rocky terrain factor was not as significant.
As a result, the plaintiff is found 15% to blame for their injuries. If they requested $10,000 in damages, 15% would get deducted from their compensation, or $1,500.
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The Benefits of Working with a Product Liability Lawyer in Bartlett, TN
There are many advantages to hiring a lawyer for a product liability case. Attorneys with experience in this practice area know what to look for and who to make inquiries with regarding the product’s design, manufacturing, and distribution. They ensure all paperwork is complete, correct, and filed with the appropriate courts well before the statute of limitations expires.
Our Bartlett product liability attorneys also communicate with their clients throughout the claims process, answering any questions and working as their representatives through all meetings with the accused parties, settlement dates, and court dates, if applicable. The peace of mind the right legal professional provides during this trying time is invaluable. Knowing someone is taking care of all legal issues allows plaintiffs to focus on their recovery.
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Contact a Bartlett Product Liability Lawyer Today
You could be entitled to significant compensation if you were injured because of a dangerous product. One of the attorneys at Gatti, Keltner, Bienvenu & Montesi, PLC will be happy to hear your case and determine the best way to move forward.
This Memphis-based law firm has a 40-year history of helping clients obtain the compensation they deserve for a wide range of personal injury-related issues. It has assisted over 35,000 injured people with their legal claims. No lawyer from this firm collects a fee unless their client wins.
To get started with your case, call our office today to request a no-obligation consultation. You can also send a message online or simply learn more about the practice areas the firm specializes in.