As consumers, we purchase items daily, believing that the products have been tested and proven safe for use. But a defective product, from everyday items in your home to the automobile you drive, can put you and your loved ones at risk of injury and possibly death.
Contacting a North Memphis personal injury lawyer is your best option to begin the process in this journey to determine if you are the victim of defective product performance. When looking for a team with a proven course of action to help you recover legal compensation for your injuries, Gatti, Keltner, Bienvenu & Montesi, PLC should be your first call.
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Product Liability Laws in Tennessee
Tennessee has strict laws determining the classification of defective products. It can be challenging to understand what qualifies as faulty, who is at fault for the manufacturing, and the statute of limitations in filing a claim. Consulting a product liability attorney in North Memphis who clearly understands the product liability code will serve you in determining the proper steps to document your case.
What are the considerations when determining liability for a defective product?
- Anticipated Life: If the product has an expiration date, it is taken into account. Additionally, the date the product was purchased, allowing for a reasonable use time without signs of wear or defect, is also considered when determining product life.
- Defective Condition: What is the product quality rendering it unsafe for everyday use or consumption?
- Employer, manufacturer, or seller: Many businesses and individuals play a role in creating products. Where in the process the breakdown of proper construction occurs determines who is liable.
- Product liability action: An action takes place when there is a failure to warn the consumer about a product defect, whether intentionally or unintentionally.
- Unreasonably dangerous: Most products come with warnings, and common dangers are associated with these specific products. Defects create unknown hazards that the buyer is unaware of, making a product unreasonably dangerous.
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Examples of Common Defective Products
Any item that has been manufactured or produced can be defective and will sometimes result in a recall. Rigorous testing should eliminate the dangers to consumers, but this does not always happen, and you are encouraged to report these products as unsafe.
- Automobile equipment
- Personal care products
- Pet products
Sometimes, the odds of a defect harming a consumer may seem so low to the manufacturer that negligent product production continues without distribution interruption. This is considered willful negligence.
Determining who is at fault in the breakdown of quality product production can be challenging. A product liability lawyer in North Memphis will understand how to trace the production process and work from the beginning to get to the best final result.
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Time Limits for Filing a Product Liability Claim
Time limits apply to product liability claims and are defined by state law. These statutes of limitation will determine the time frame you have to file a claim depending on when your injury occurred.
- Six years: Time allowed to file a claim from the date the product injury occurred.
- Ten years: Maximum amount of time allowed, which begins from the date of purchase for use.
- One year: Time allowed to file a complaint after the date of expiration of the product, if it is listed.
- One year: If an injury occurs to a minor, the injured party has one year after reaching the age of adulthood, which is 18, to file a claim. If the injury occurs within the prior year of turning 18, the statute of limitation is one year from the date of injury, whichever comes first.
There are exceptions that apply to these statutes of limitations involving exposure to chemicals, such as asbestos. Contacting a North Memphis product liability lawyer when an injury occurs increases your chances of filing within these limitations.
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Compensation for Your Injuries
The amount of compensation you receive is determined by several factors. Calculating these expenses takes understanding how to clearly assign values for the events after the injury occurs. Your life is valuable, and determining your compensation should be a priority.
- Coverage of medical expenses: a hospital stay, doctor visits, and other treatments that stem from your defective product injury add up over time.
- Recovery of lost wages if you cannot work: You may be unable to perform your usual job because of the injuries you sustain and qualify for compensation.
- Pain and suffering damages: Emotional distress and physical discomfort often result from an injury. These unseen injuries are equally as devastating to the victim.
- Loss of enjoyment of life damages: As a result of your injuries, you may no longer be able to fully enjoy certain aspects of your life.
- Possible punitive damages against the company or manufacturer: Proven acts of negligence on behalf of the company or manufacturer qualify for these damages. They are often more difficult to prove but can be done with knowledgeable representation.
From the drops you put in your eyes to the tires that transport you and your family on your daily commute, defective products can irreparably change your life. Some product liability cases are well known and documented because of injuries to large numbers of people, while others are not as widespread, receiving less attention. No matter the product, if you sustain an injury while using it, seek legal advice.
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When you purchase a product, you have good faith in the manufacturing process and the ethics that serve as guidelines for producing a safe product. It can come as quite a shock to realize this is not always the case. An injury from poor product construction can severely disrupt life and even result in a fatal ending.
The expenses from these injuries start accumulating, causing a distressed state and anxiety as you struggle to determine how to approach the mounting debt that often accompanies these situations. Gatti, Keltner, Bienvenu & Montesi, PLC believes in accountability by the companies and manufacturers producing products that cause injuries and fatalities. We have decades of proven experience in recuperating compensation for the disruptions of life due to product injuries.