More than 909 recalls occurred across five key industries in the first quarter of 2024, which the U.S. Recall Index report revealed is the highest number of recalls per quarter in the past five years.
Tragically, many people are hurt by dangerous products before they are recalled, and some high-risk products are never recalled at all. When you are harmed as a result of a product, your life can change forever. In fact, many lives are lost as a result of unsafe items sold to consumers.
If you or a loved one was harmed by a dangerous product, you need a legal advocate on your side. The Lawyers of Brown and Roberto have been representing injured clients since 1979 and we have a 10 out of 10 rating with Justia, as well as the honor of being members of the Million Dollar Advocates Forum.
Our firm has successfully helped many clients to recover compensation when dangerous products hurt them and we’re ready to put our legal skills to work for you. Give us a call or contact us today at (865) 691-2777 to speak with a Knoxville product liability attorney to learn more.
Risks of Defective Products
Dangerous products can cause devastating losses. Many unsafe products are sold in the United States including
- Vehicles, such as cars with defective airbags
- Dangerous medical devices, such as faulty hip and knee replacements
- Toys that cause risks to children’s health
- Medications that don’t provide proper warning about their side effects
These are just a few of many items you buy that could harm you. Whenever an item is sold with a design defect, faulty manufacturing, undisclosed risks, or simply shoddy workmanship so it can’t live up to its promised purpose, you could suffer physical injury or property damage as a result.
If this happens to you, you should get the proper legal help as soon as possible. Product liability claims can be especially complex, especially as you may be given the option to join a class action or multidistrict litigation if many people have suffered similar harm. You don’t want to make the wrong choices and give up the chance at being fully compensated for your losses.
How Does Product Liability Law Work?
Product liability claims are handled differently than regular personal injury claims, such as car accident cases. Ordinarily, you must prove negligence in order to recover compensation for damages from a defendant. This is not necessarily the case if you’re hurt by a defective product.
Tennessee Code Section § 29-28-105 states that “a manufacturer or seller of a product shall not be liable for any injury to a person or property caused by the product unless the product is determined to be in a defective condition or unreasonably dangerous at the time it left the control of the manufacturer or seller.”
Tennessee Code Section 29-28-102 defines “unreasonably dangerous” to include products that are dangerous to an extent beyond that which would be contemplated by the ordinary consumer who purchases it, with the ordinary knowledge common to the community as to its characteristics, or that the product because of its dangerous condition would not be put on the market by a reasonably prudent manufacturer or seller, assuming that the manufacturer or seller knew of its dangerous condition.”
If a product is unreasonably dangerous, a manufacturer can be found liable for all resulting losses even if they were not negligent or did not intend to release a dangerous item. The defect is all that matters. If the product is defective, is unreasonably dangerous as a result, and causes harm when used as intended, then you may be able to successfully make your claim.
How to Recover Compensation Under Product Liability Law
You have many different legal arguments to make in a product liability claim including:
- Strict liability claims
- Breach of express or implied warranty when the product fails to do what customers have a right to expect it should or what the manufacturer has promised it can do
- Negligent design or negligent manufacturing when there was carelessness involved at some step of the process
- Failure to warn if the product has dangerous manufacturers should know about and alert the public to
Choosing the right legal approach to your case requires the legal knowledge that only an experienced Knoxville product liability lawyer can offer. The Lawyers of Brown and Roberto have spent decades fighting against major manufacturers on behalf of our clients and we are ready to do the same for you.
We have a team of experienced Knoxville personal injury attorneys ready to help you prove the dangers of the product and the harm you endured, and we can help you throughout the pre-trial discovery process to ask the right questions, request the right documents, and put together the strongest possible case.
We can also advise you on the best approach to resolving your claim when questions arise as to whether you should join groups of other plaintiffs in a class action or have your case consolidated with others before a single judge in a mass tort claim.
These are different approaches to getting compensation, and our firm can discuss the pros and cons to guide you in the right direction.
How Long Do I Have to File a Claim?
It can be difficult to prove the dangers of some products, but our firm is ready to take on the challenge. We can also help to ensure you act quickly so your case isn’t time-barred. While there’s a one-year statute of limitations for injury claims that starts running at the time of the incident, Tennessee Code Section 29-28-103 also establishes separate time limits for product liability claims.
Under Tennessee Code Section 29-28-103, your case “must be brought within six years of the date of injury, in any event, the action must be brought within ten years from the date on which the product was first purchased for use or consumption, or within one year after the expiration of the anticipated life of the product, whichever is the shorter, except in the case of injury to minors whose action must be brought within a period of one year after attaining the age of majority, whichever occurs sooner.”
Under certain circumstances, you may have more or less time to file your claim. This is why it is important to get the help of an experienced Knoxville slip and fall attorney so that you can understand your time limits and be sure to file within their parameters.
Contact A Knoxville Product Liability Attorney Today
At Brown and Roberto, we’ll help you to stay on track with your claim and to build the strongest possible case so you can get justice. Contact the Lawyers of Brown and Roberto at (865) 691-2777 today to speak with a Knoxville product liability attorney who can help you.