Things we buy are not supposed to hurt us when we use them correctly. If a product had a flaw that made it defective or dangerous, and you got injured as a result, you might have a claim for compensation for your losses.
Tennessee law allows people to sue manufacturers on their own without the help of a lawyer but can do so. A Smyrna product liability lawyer at The Cochran Firm – Nashville may help. These cases often involve technical information and expert witnesses, like engineers. Such things can be overwhelming to deal with on your own.
The defendant’s liability insurance carrier may have a team of defense lawyers, investigators, and other professionals. It is easy to feel overwhelmed and at an unfair advantage if you try to go it alone in a product liability injury claim.
You can call The Cochran Firm – Nashville, today at (615) 651-7451. We offer a free initial consultation and there is no obligation. Just make sure that you do not wait too long to contact us. If you miss the short deadline for a product liability lawsuit, you will lose the right to get compensation for your injuries.
How to Establish Legal Responsibility for a Defective Product
According to Tennessee Code §29-28-105, if a product was unreasonably dangerous or in defective conditions when made or sold, the manufacturer or merchant can be liable.
The court can consider whether the maker deviated from the usual designs and methods of manufacturing that competitors use. The passage of time can make a difference in the maker’s liability. If the marketplace did not know about the danger of the object at the time of manufacture, the judge can apply that factor to the assessment of liability.
If the manufacturer or seller misrepresented an aspect of the item or gave express warranty about it, they could face liability outside of this statute. The injured person could go after compensation for getting hurt after relying on that warranty or misrepresentation.
Manufacturers do not have to warn about an obvious hazard concerning the product. For example, the maker of a blowtorch does not have to warn that the flame can burn someone. The manufacturer can, however, be legally responsible if the blowtorch explodes when used as directed.
A Smyrna product liability lawyer at The Cochran Firm – Nashville, may be able to assess whether the maker or seller of the product that hurt you faces liability under Tennessee law. You can call us today at (615) 651-7451 to get started.
For a free legal consultation with a product liability lawyer serving Smyrna, call 615-678-6278
When Someone Who Did Not Make the Product Can Be Liable
Sometimes a corporation will try to avoid liability by saying that they did not manufacture the product, they only sold it. Under Tennessee Code §29-28-106, The seller does not have to own the factory that produced the item. The seller of an unreasonably dangerous or defective product can face financial liability in these situations:
- The seller modified the item, and the modification caused or contributed to the injury
- The seller made an express warranty about the product
- The injured person cannot sue the manufacturer because of jurisdiction issues, or the maker went out of business
- Even though the seller was not technically the manufacturer, the seller controlled the part of the flawed item—like the design or labeling—which caused the harm
You might not know at first whether to proceed against the manufacturer, distributor, or seller. We want to help you determine who might be responsible for your losses.
Smyrna Product Liability Lawyer Near Me 615-678-6278
Three Things to Do After Getting Hurt by a Defective Product in Smyrna
By the time you read this, we assume that you already received medical attention for your injuries. If you did not, you should go to the doctor, hospital, or urgent care center right away (whichever is most appropriate in your circumstances).
Your medical records will be valuable evidence in a claim against the defendant. The information in your medical file will tell the judge where you got hurt and how severe your injuries were. Also, intake notes will link your injuries to your defective product accident.
Talk to a Product Liability Lawyer
As soon as your initial medical emergency gets stabilized, you should consider talking to a product liability lawyer. Things can happen early in the case that can damage the monetary value of your claim. Working with an attorney can protect your legal rights.
Preserve the Evidence
If possible, maintain possession of the product and evidence—like photos or videos—of your injuries. We may need the item to show that it was defective or dangerous. Images of the physical damage you sustained can add impact to your medical records.
Avoid Social Media
While your claim is open, you should consider staying off of social media. The defendant’s lawyers can access social media accounts and take things they find out of context. For example, if you post photos of yourself attending events, the defense attorney can argue that you are not in as much pain as you allege.
Of course, you should refrain from posting anything about the accident and your injuries. You can talk with your product liability lawyer for guidance about how to handle social media during your product liability claim.
Getting Legal Help for Your Smyrna Product Liability Claim
You should not have to battle insurance claims adjusters, investigators, and defense attorneys when trying to recuperate from getting hurt by a defective or dangerous product. Our clients know that they can focus on getting better because we take care of their legal matters.
A Smyrna product liability lawyer may be able to advocate for you and protect your right to get the compensation you deserve. At The Cochran Firm – Nashville, we help people who get hurt because of the carelessness of others, including the corporations that make and sell flawed items.
You do not have to pay upfront legal fees for us to represent you. We handle product liability claims on a contingency-fee-basis. We do not get paid until you win, as our legal fees come out of the settlement proceeds or award at the end of the case.
You can call us today at (615) 651-7451 to get started. The initial consultation is free.