When you purchase any product, you expect it to function normally and benefit your life in some way, such as a chainsaw that simplifies trimming hanging tree branches. Do not hesitate to contact an attorney if that product does not operate as it should and causes injuries.
An Olive Branch product liability lawyer from Gatti, Keltner, Bienvenu & Montesi, PLC, will review your case in exhaustive detail to determine how to move forward. Depending on the nature of the case and the severity of your injuries, you might be entitled to significant compensation.
Failure to Warn
A commercial product can be defective in several ways. It might be inherently flawed due to a poor design and should never be available to consumers. Other products are designed perfectly but manufactured incorrectly and are, therefore, defective and dangerous.
Still, other products are designed and manufactured properly but do not feature the labeling necessary for injury prevention. Such labeling issues are known as “failure to warn.”
Parties You Can Sue
One or several individuals/entities can be liable in a product liability case. They include:
- The designer
- The manufacturer
- The distributor
- The store owner
For example, a product was designed correctly but manufactured with several defects. The manufacturer was aware of the defects but allowed a nearby warehouse to distribute the product to local retail stores. The warehouse and store owners also became aware of the malfunctions but did not request a product recall.
The manufacturer, distributor, and store owners are liable in this case.
For a free legal consultation with a product liability lawyer serving Olive Branch, call (901) 526-2126
Common Products that Typically Cause Injuries
Most products can inflict injuries if they are faulty in some way. The most common products cited in personal injury cases are appliances, power tools, motor vehicles, toys, lawn equipment, and beauty tools. Medical devices, industrial equipment, pharmaceuticals, electronics, watercraft, bicycles, and cosmetics are frequently mentioned in product liability suits.
The injuries the product causes depend on the item type and usage, including:
- Traumatic brain injuries
- Head injuries
- Back injuries
- Knee injuries
- Puncture wounds
- Burn injuries
- Internal bleeding
- Organ damage and failure
- Soft tissue injuries
- Loss of limbs
- Spinal cord injuries, including herniated discs and paralysis
- Broken bones
- Cuts and lacerations
Some people with defective product-related injuries experience post-traumatic stress disorder symptoms, such as flashbacks and nightmares about the event, depression, social withdrawal, disinterest in favorite activities, problems sleeping and concentrating, and self-destructive behavior like excessive drinking and using drugs.
Olive Branch Product Liability Lawyer Near Me (901) 526-2126
How Product Liability Attorneys in Olive Branch Prove the Defendant’s Negligence
To win this type of personal injury case, a product liability lawyer in Olive Branch, TN, must prove that the defendant owed the plaintiff duty of care. They must also show that the duty of care was breached and directly resulted in the plaintiff’s injuries. For example, the plaintiff purchased a new lawn mower and followed the startup directions exactly.
Because of a malfunctioning engine, the lawn mower exploded, and the plaintiff sustained severe burn injuries. The manufacturer who produced the lawn mower is responsible for the malfunctioning motor and therefore failed to provide the plaintiff with the duty of care. The plaintiff is subsequently not to blame for their injuries and can collect damages.
There are times when the plaintiff is partially responsible for their injuries. In such cases, Tennessee’s modified comparative negligence laws are applicable. For example, the plaintiff might have used a power tool incorrectly, resulting in severe injuries.
Because the plaintiff did not use the tool as instructed, they are 60% or more to blame for their sustained physical harm. As per modified comparative negligence rules, the plaintiff is not entitled to compensation. To receive damages, the plaintiff must be 50% or less to blame for their injuries.
Common Evidence Used to Support a Product Liability Suit
Olive Branch product liability attorneys gather as much evidence as possible during the investigation period of these personal injury claims. They take witness statements, procure any videos or photos of the accident and injuries, and obtain the opinions of product experts and medical professionals. Other typical evidence in product liability cases include police records and crash reports, if applicable, maintenance records, and safety reports.
If there are no safety reports about the product in question, the legal professional also cites this. They also use reports from accident reconstructionists, or those hired to recreate the accident for legal purposes, to strengthen their client’s claims.
Types of Damages You Can Claim
Many product liability plaintiffs request various damages to compensate them for their injuries. Economic damages, or those that cover the injuries’ costs, include medical expenses, lost wages, future earnings, scarring and disfigurement, and property damage. Non-economic damages, or those that concern the psychological element of the accident, can include:
- Pain and suffering.
- Loss of life enjoyment.
- Emotional distress.
- Mental anguish.
- Humiliation and shame.
- Diminished quality of life.
Sometimes, punitive damages are awarded in defective product cases. Such damages are meant to punish the defendant for gross negligence that resulted in catastrophic injuries and related repercussions. If a person dies because of product-related injuries, their family members can file a wrongful death claim that includes economic, non-economic, and potentially punitive damages.
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Discuss Your Case with an Olive Branch Product Liability Lawyer Today
The shock and trauma of a defective product accident can be overwhelming. Contact a product liability attorney in Olive Branch, TN, so you can focus on your recovery and get back to a normal schedule.
The legal professional takes care of all claim-related tasks for you since added stress is something no one needs during recovery. You can also count on the tireless representation that hopefully results in sizable compensation. If you need to speak with a product liability attorney, contact Gatti, Keltner, Bienvenu & Montesi, PLC.
This Memphis-based law firm has helped residents throughout Tennessee recover damages from personal injury cases for over 40 years. The lawyers at this renowned firm never take fees from clients unless they win. Call our office today to schedule a free consultation with an Olive Branch product liability lawyer so you can recover compensation for your injuries.