What is the difference between product liability and medical device injury cases?

Product liability and medical device injury cases share some similarities. In both cases, the individual filing a claim is seeking compensation for an injury sustained due to a defective or dangerous product. Despite these similarities, there are key differences between the two types of cases. In a product liability case, the plaintiff must typically prove that the product was defective or unreasonably dangerous, and that it caused the individual’s injury. On the other hand, medical device injury cases require the plaintiff to demonstrate that the device was improperly designed, manufactured, or labeled, and that the defect caused the injury. In addition, the burden of proof and available damages in medical device cases may vary from state to state. In Tennessee, for example, an injured individual can recover damages through strict liability, negligence, breach of warranty of fitness, and breach of warranty of merchantability in a medical device injury case. Product liability cases, however, are typically based solely on the idea that the manufacturer of the product was negligent and failed to provide a safe product. Overall, product liability cases and medical device injury cases both involve individuals seeking compensation for an injury caused by a defective product. However, the burden of proof and legal theories of liability differ depending on the type of case. In Tennessee, medical device cases may involve strict liability and different forms of negligence in addition to a breach of warranty.

What is the difference between product liability and medical device injury cases?

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