What theories of liability are available in medical device injury cases?

In Tennessee, medical device injury cases involve theories of strict liability, negligence, and breach of warranty. Strict liability applies when the manufacturer of the device is legally responsible for any injuries caused by its product, regardless of the amount of care taken in the manufacturing process. This applies to medical device injury cases because manufacturers are responsible for creating a product that is safe to use and free from any potential risks. Negligence is also a factor in medical device injury cases. In order for an injured party to prove negligence, it must be established that the manufacturer’s actions—or lack thereof—were the cause of the injury. The injured party must prove that the manufacturer had a duty of care to protect them from any potential risks associated with the device and failed to fulfill that duty. Finally, breach of warranty is a potential legal theory in medical device injury cases. This applies if the manufacturer made promises regarding the safety of the device, but then failed to uphold those promises. In this situation, the injured party can claim that the manufacturer was in breach of warranty and therefore liable for any injuries caused by their product. Overall, medical device injury cases in Tennessee involve theories of strict liability, negligence, and breach of warranty. Each of these legal theories can be used to establish a claim against the manufacturer and potentially receive damages for the injury sustained.

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