You might be able to go after monetary damages if you were injured because of a defective or dangerous product. You might be able to pursue a claim against the manufacturer, the seller, or both. A Franklin product liability lawyer may be able to help.
At The Cochran Firm – Nashville, we handle these cases on a contingency-fee-basis, which means that we do not charge you upfront legal fees. We only receive payment from the settlement we secure on your behalf.
We understand how challenging things can be when you get hurt, particularly if your injuries prevent you from working. You do not need the stress of additional bills to pay. Even the initial consultation is free. Call a member of our team today at (615) 651-7451 for a free case review.
What Constitutes a Defective or Dangerous Product
You cannot sue the maker of a product every time you get hurt while using an item. If you could do so, automobile manufacturers would get sued after every car accident. When a person gets injured because a product was defective or unreasonably dangerous, however, the law can hold the maker responsible for the harm the object caused.
If a defect in a vehicle—like malfunctioning software—made the steering fail and caused a crash, the carmaker can be held liable. When an unreasonably dangerous condition—like gas tanks located where they are likely to explode in low-speed collisions—causes the injury, the automobile manufacturer can be held responsible for the harm that results.
According to Tennessee Code §29-28-105, the danger or defect had to be present at the time of the manufacture or sale of the product. Also, if the danger was unknown in the industry when the manufacturer designed and made the item, the maker is unlikely to be liable.
Once the problem becomes known, however, manufacturers have a duty to correct the defect or warn of the dangers. That obligation applies to risks that the typical consumer might not notice if those hazards render the item unreasonably dangerous.
Product liability injury claims often involve the use of witnesses like engineers to prove that the product was defective or unreasonably dangerous. The corporation that manufactured or sold the product can hire teams of defense lawyers to attack your injury claim. The Cochran Firm – Nashville can go to bat for you. Contact a member of our team today at (615) 651-7451 for a free consultation.
For a free legal consultation with a product liability lawyer serving Franklin, call 615-678-6278
Monetary Damages in Franklin Product Liability Claims
The amount of compensation you can get for your losses in an injury claim will depend on the facts of your situation. Your losses may be different from another person who was injured by using the same type of product.
Here are some examples of possible monetary damages:
You can include in your injury claim the amount of income you lost because of getting hurt by the product. If you did not get paid for the time that you could not work because of your injuries, you incurred a loss. This category can include lost wages, salary, self-employment, and other forms of regular income.
Decreased Earning Capacity
Sometimes, a severe injury will leave a person unable to perform the job duties he performed before getting hurt. You can seek compensation for your losses if you had to take a lower-paying position or work fewer hours because of your injury.
A catastrophic injury can leave a person unable to support themself through gainful employment. In this situation, the loss of income can be compensable.
Usually, you can recover the reasonable cost of the treatment needed for your injuries. These items can include things like fees for the ambulance, emergency room, hospital, doctors, surgery, x-rays, blood transfusions, pain management, and physical therapy.
Future Medical Costs
If your treating physician expects that you will need additional procedures in the future—like skin grafts—to restore function and achieve the optimal outcome, we can include this amount in your damages.
Some losses do not come with convenient ways to measure their financial value, like receipts or invoices. Depending on the facts of your situation, however, we can go after these damages. Intangible losses can include things like disfigurement, loss of enjoyment of life, and pain and suffering.
A Franklin product liability lawyer can calculate your monetary damages after investigating your claim.
Franklin Product Liability Lawyer Near Me 615-678-6278
When You Can Sue the Seller of a Dangerous or Defective Product
In many product liability lawsuits, the manufacturer is the defendant. Tennessee Code §29-28-106 allows you to sue the seller of the defective or unreasonably dangerous item when:
- The seller made modifications to the item and those changes caused or contributed to the injury.
- You received an express warranty from the seller.
- The seller played a more significant role than merely offering the item for sale, like controlling the design, manufacture, or packaging.
- The plaintiff cannot serve the lawsuit papers on the product maker.
- A court declared the manufacturer insolvent, leaving the plaintiff without a financial remedy.
Sometimes, more than one of these factors will apply to the situation, allowing the injured person to sue the seller of the item.
How a Franklin Product Liability Lawyer Can Help You Avoid Pitfalls
If you were injured as a result of a defective product, we want to help you pursue compensation for your damages and losses. The Cochran Firm – Nashville wants to handle your injury claim, so you can focus on healing and rebuilding your life.
While we go toe-to-toe with the manufacturer and their insurance company, you get to rest and avoid the stress. We are not afraid of taking on big corporations.
Call to speak to a member of our team today at (615) 651-7451. The initial consultation will not cost you anything, and there is no obligation.