From automobiles to children’s toys to household appliances, there are far too many examples every year of consumer products presenting safety risks due to preexisting defects. To make matters worse, obtaining civil compensation for injuries sustained under these circumstances can be a uniquely complex affair because of the ways state law governs cases of this specific nature.
If you want the best chances of securing a fair and favorable result from your unique claim, seek assistance from a Bartlett defective products lawyer at the Reaves Law Firm, PLLC. A capable personal injury attorney’s support could be vital not just for establishing fault for your injuries and demanding comprehensive restitution for ensuing losses, but also for doing so within the strict filing deadlines set by Tennessee state law.
Although traditional negligence can serve as the legal basis for a defective products claim, most such cases proceed under a theory of strict liability, which only requires the plaintiff to prove that certain conditions are true rather than establishing with a preponderance of evidence that a defendant was negligent in some way. A Bartlett product liability attorney could explain each of these components further during a private consultation and, once retained, provide crucial assistance building a strong case around them.
First and foremost, a legally actionable defect—meaning a problem with how a product was designed, manufactured, or marketed that made it fundamentally unsafe to use for its intended purpose—must have existed in a product. Second, that defect must have existed when the product left its manufacturer’s direct control, with no significant changes in the product’s condition occurring prior to the injured plaintiff taking possession of it.
Third, the defect in question must have been the primary and direct cause of the plaintiff’s injuries, which in turn must have directly led to the specific losses the plaintiff seeks recovery for. Fourth and finally, the plaintiff must have been using the product in the correct way or in a reasonably foreseeable way when they were injured.
As with any other civil claim for personal injury in Tennessee, state law—specifically, Tennessee Code §28-3-104—sets a time limit of just one year after an injury caused by a defective product occurs for a plaintiff to file suit. However, there is another deadline applicable to product liability cases in addition to this statute of limitations, set by a different section of state law called the statute of repose.
As per TN Code §29-28-103, a person injured by a defective product cannot file suit over that defect if more than ten years have passed since they initially purchased their product, or if it has been a year or more since the product’s anticipated life has ended. Certain exceptions apply to this rule under specific situations, though, all of which a defective products lawyer in Bartlett could discuss in detail.
Unreasonably dangerous and defective products cause hundreds of injuries to Tennessee residents on a yearly basis. Unfortunately, holding a manufacturer and/or seller legally liable for those kinds of injuries can be extremely challenging for anyone to accomplish alone.
Counsel from a Bartlett defective products lawyer could make the difference between ending up with an unsatisfactory case result and getting the financial recovery you deserve. Learn more by calling the Reaves Law Firm, PLLC today.