The resulting shock can extend your recovery when you use a product and sustain an injury. You do not expect a product that was supposedly inspected for safety to cause physical harm, especially serious injuries. Contact a Collierville personal injury lawyer if you were recently harmed because of a malfunctioning commercial item.
Legal professionals with experience in these personal injury claims have the knowledge and know-how to hopefully win significant compensation for their clients. The team at Gatti, Keltner, Bienvenu & Montesi, PLC, is here to fight for your right to compensation.
The Types of Products that Are Usually Cited in Personal Injury Claims
A wide variety of products can cause users to sustain injuries. The most common products in these types of legal claims include, but are not limited to:
- Power tools
- Motor vehicles
- Lawn equipment
- Beauty tools
- Children’s toys
- Household appliances
- Vehicle parts
- Industrial equipment
- Pharmaceutical drugs
Unfortunately, there is a wide variety of injuries that defective products can cause, including head trauma and traumatic brain injuries. Other injuries include burns, puncture wounds, lacerations, neck and back injuries, broken bones, internal organ injuries, and internal bleeding. Sometimes, injuries to extremities are so severe they call for amputations and prosthetic limbs. There are also cases where the injured party dies from their injuries, whether immediately after the accident or several hours or days later. If the injured person does survive, they can experience post-traumatic stress disorder (PTSD) symptoms such as recurring flashbacks and nightmares about the incident, problems sleeping, assorted destructive behavior, social withdrawal, depression, and disinterest in favorite activities.
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Parties Who Are Usually Liable in a Faulty Product Case
Finding fault in a product liability case starts with the designer. The product’s design might have an inherent flaw that made it unfit for consumer use, yet it was manufactured and distributed anyway. If the defect is with the design, the designer(s) is liable. Other times, the product’s design is without flaws, but the manufacturer makes a mistake during the production process and is liable.
If the distributors and retailers who distribute and sell the faulty product are aware of the defects but refrain from taking action, they are also liable. It is, therefore, possible for a product liability attorney in Collierville, TN, to bring lawsuits against multiple parties on behalf of their client.
Sometimes, a manufacturer is liable for “failure to warn” reasons. This means the manufacturer or other applicable label maker did not include the proper safety information on the product label. For example, if an appliance or beauty tool can inflict severe burn injuries without the right precautions, the label must say so. The manufacturer or other label maker is liable if the label fails to warn consumers about these risks and serious burn injuries.
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The Strict Liability Factor
In most personal injury cases, legal professionals have to show that the defendants were negligent, which is why the plaintiffs sustained injuries. However, product liability cases do not require lawyers to establish negligence on the grounds of strict liability. To win compensation on such grounds, the attorney must show that:
- The faulty product’s design, manufacturing, or marketing issue directly caused the plaintiff’s injuries, and
- The plaintiff used the product correctly and did not modify it in any way, yet still suffered physical harm.
A case like this means there is no fault with the plaintiff and the defendant is 100% responsible for the injuries.
Some product liability cases are not as clear. If the plaintiff used the product incorrectly or made changes to the item that put them in danger, they will likely be found 51% or more responsible for the harm they sustained. As per Tennessee’s modified comparative negligence rules, the plaintiff cannot collect damages.
When Is Compensation Awarded?
Compensation is only awarded to plaintiffs who are 50% or less to blame for their injuries. For example, if a person is found 40% at fault for their physical harm and requests $20,000 in damages, they will receive $12,000. The 40% is therefore deducted from the number of their damages.
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Common Types of Damages Found in a Product Liability Case
If a product liability lawyer in Collierville, TN, has reasonable grounds for requesting compensation, they advise their client to ask for economic and non-economic damages. Economic damages cover the expenses related to the accident, such as emergency medical care, ongoing medical expenses, lost wages, and reduced earning capacity.
Non-economic damages refer to the emotional turmoil many who experience product-related accidents endure. Such damages can include pain and suffering, mental anguish, loss of life enjoyment, and emotional distress.
In some cases, the plaintiff can request punitive damages. To make a punitive damage request, the defendant must have shown gross negligence that caused severe, if not catastrophic, injuries. Punitive damages are meant to punish the defendant for wrongdoing.
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Filing Your Claim Before the Deadline
For a product liability legal claim to be valid in Tennessee, the legal professional must file the claim within one year of their client’s accident. Lawyers always recommend scheduling appointments with them as soon as possible to determine the validity of the case and file the appropriate paperwork within the statute of limitations. The sooner the case is filed and hopefully settled, the sooner the plaintiff will have the funds they need to move on with their life.
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Contact a Product Liability Lawyer in Collierville Today
Dealing with the aftermath of a product-related injury takes time. Rather than trying to file a legal claim by yourself when you need to focus on your recovery, rely on a Collierville product liability attorney. The legal professional will work hard to ensure your claim is filed with all the necessary information and represent you as needed.
If you need to speak with a lawyer about your product liability claim, contact Gatti, Keltner, Bienvenu & Montesi, PLC, today. The attorneys at this renowned firm in Memphis provide services for various personal injury cases and work diligently to help their clients win the compensation they deserve. Call our office today to schedule a free, no-obligation consultation.