A malfunction is probably the last thing you think about when you purchase a product. You expect the products you invest into work to improve your life, not harm you or your family members. If you or a loved one was recently injured because of a faulty item, contact a Horn Lake product liability lawyer as soon as possible.
An experienced Horn Lake product liability lawyer from Gatti, Keltner, Bienvenu & Montesi will help you determine if you have a case and help you navigate your legal claim with the least amount of stress possible.
Why You Should Consider a Product Liability Lawsuit
A product liability lawsuit involves legal action against the product’s designer, manufacturer, distributor, or retailer following serious injuries. There are three main types of product liability claims: design, manufacturing, and “failure to warn.”
If a product is inherently dangerous, meaning it was designed incorrectly and is a hazard, the legal claim is against the designer. Other times, a product is designed properly, but the manufacturer makes errors that create a hazardous result.
Sometimes, a product is free of design and manufacturing defects but does not feature the correct labeling, such as “Warning: Choking Hazard.” This is known as “failure to warn.”
For a free legal consultation with a product liability lawyer serving Horn Lake, call (901) 526-2126
Parties Whom You May Be Able to Sue
Working with a product liability lawyer in Horn Lake, TN, can mean issuing multiple legal claims in light of the product’s design, manufacturing, and distribution. Those who are generally liable in such claims include:
- The designer
- The manufacturer
- The product assembler
- The product installer
- The distributor or wholesaler
- The retailer
For example, a product features multiple design flaws and is therefore unfit for distribution. The designer and manufacturer ignore the issues and move forward with production. The wholesaler who sells the product also knows it is faulty but sells it anyway.
In this case, you would make legal claims against the designer, manufacturer, and wholesaler if you sustained serious injuries.
Horn Lake Product Liability Lawyer Near Me (901) 526-2126
Common Injuries Caused by Faulty Products
The type of injuries naturally depends on the product and its usage. However, there are a variety of common injuries from faulty products, including:
- Cuts and lacerations
- Ligament, tendon, and muscle damage
- Broken bones
- Internal bleeding
- Internal organ damage
- Head trauma
- Neck and shoulder injuries
- Back injuries
- Leg injuries
- Puncture wounds
- Loss of limb(s)
- Poisoning from toxic chemical or gas exposure
A product liability attorney in Horn Lake, TN, can help you decide what type of damages to claim.
Economic vs. Non-Economic Damages
Most of the time, requesting economic and non-economic damages is possible. Economic damages refer to monetary losses in the wake of the incident, while non-economic damages concern the accident’s emotional and mental issues.
It is generally harder to prove non-economic-related hardships. However, making the economic damage-related issues clear and testifying about the mental anguish the injury has created strengthens non-economic damage claims. Typical economic damage requests in a product liability lawsuit include emergency medical care, ongoing medical expenses such as prescription medication and physical therapy, and lost wages.
If the injuries were so severe you or a loved one can no longer work, you can claim reduced earning capacity and disability. Common non-economic damages include emotional distress, mental anguish, pain and suffering, and loss of life enjoyment.
Types of Products that Can Cause Injuries to Consumers
It is possible for a wide variety of products to inflict injuries, depending on their design, production specifications, and labeling. Among the most common products cited by Horn Lake lawyers include the following:
- Medical devices
- Motor vehicles, including self-driving cars
- Food and beverage items
- Power tools
- Lawn equipment
- Home appliances
It is important to seek compensation for these and any other product-related injuries. Depending on the product, more than one item might be defective and dangerous. In such instances, filing a joint suit against the offending party or parties is possible.
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Proving Product Liability in Regards to Shared Fault Laws
For Horn Lake product liability attorneys to prove that products were faulty and caused injuries, they must show that the products were inherently dangerous or manufactured incorrectly yet were distributed anyway. If the product is not inherently dangerous but is missing the necessary labeling, the lawyer must show that the label does not include the applicable warning.
To determine fault, the state’s personal injury laws factor in. The state’s comparative fault rule applies if the product-related injury occurs in Horn Lake or another area of Tennessee. This rule states that the percentage of blame attributed to the plaintiff is deducted from the requested damages amount.
For example, if you are deemed 10% to blame for your product-related injuries and request $20,000 in damages, you will receive $18,000 in compensation. State non-economic damage caps factor in as well. These damages vary by state, though some states do not place caps on non-economic damages.
In Tennessee, requesting more than $750,000 in non-economic damages is impossible. There is an exception to this rule if the injuries include the following:
- Severe burns.
- Spinal cord-related paralysis.
- Limb amputations.
- The death of a parent with a minor child.
In such cases, the non-economic damages for any personal injury claim cannot exceed $1,000,000.
Speak with a Horn Lake Product Liability Lawyer About Your Case Today
The shock of a product-related injury can be just as difficult to heal from as the actual injury. Compensation for the physical harm you sustained can help you heal faster because you will not stress about paying medical bills or how much time off of work you need. Obtaining compensation for your injuries is also a way to alert other consumers about a faulty product so they do not experience the pain you have suffered.
If you need to discuss your case with a Horn Lake lawyer, schedule a consultation with Gatti, Keltner, Bienvenu, & Montesi. This Memphis-based law firm takes on product liability cases of all kinds and has helped 35,0000 injured individuals win compensation throughout its 40-year history. Call our office today to get started with a free initial consultation with a Horn Lake product liability lawyer.