When you purchase a product, you expect it to work as intended. You expect that the product will be safe for you and your family to use.
So what do you do when a product fails and injures you or a loved one?
Below are answers from our Tennessee defective product attorneys to some of the most common product liability questions.
Top Product Liability Questions and Answers
What does product liability mean?
The term “product liability” refers to the legal responsibility of the manufacturers and anyone else in the chain of distribution to ensure that the products they sell are safe for consumers like you and me. Defective product claims are broken down into three main categories:
- the product was manufactured defectively
- the product had a defective design, or
- the product came with inadequate instructions or warnings for the consumer.
Who is liable for a defective product injury?
Most of the time, it’s the manufacturer’s responsibility to ensure that their product is safe. However, anyone in the chain of distribution can be responsible for the injury depending on the circumstances.
How long do I have to file a product liability claim?
You must file a product liability claim within the designated time period for your state (known as the statute of limitations). The statute of limitations varies by state, but in most places the clock for the statute of limitations doesn’t start until the day you discover the injury.
In the state of Tennessee the statute of limitations are as follows:
- 6 years from the date of injury
- 10 years from the purchase or first use of the product
- 1 year after the expiration date or life expectancy of the product
What do I have to prove?
In a product liability case, you have to prove that the product was defectively designed or manufactured or that the product lacked adequate instructions or warnings. Even if there were warnings on the product, they must be placed in a location that the average consumer would look for them or see them.
Do you think you may have a product liability claim? Contact one of our skilled Tennessee product liability attorneys at Gilreath & Associates to find out for sure. Schedule your free consultation today.