How does a product liability claim arise due to a design defect?
A product liability claim due to a design defect can arise when a product is not manufactured, designed, or labeled correctly, resulting in injury or death. Design defects refer to problems with a product even if it has been manufactured correctly. The design flaw must make the product unreasonably dangerous or hazardous for the consumer. In Tennessee, a successful product liability lawsuit requires that the injured party prove four elements. First, the injured party must show that the manufacturer or seller knew about the defect or should have known. Second, they must show that the product was used in an intended manner. Third, they must prove that the product caused the injury. Last, the injured party must demonstrate that they have suffered damages as a result of the injury. It is important for anyone injured by a product in Tennessee to contact an attorney who is experienced in product liability claims. An attorney can guide them through the process and help them build their case by gathering evidence, interviewing witnesses, and working with experts. By providing proof that the product was defective, and that it was the cause of their injury, they can hold the manufacturer or seller responsible for their actions.
Related FAQs
How is a company’s financial responsibility determined in a product liability case?What is the difference between a “product liability” claim and a “breach of warranty” claim?
How does product liability law apply to products that are used for commercial purposes?
What are the elements of a successful products liability claim?
How does the law distinguish between product manufacturers and product distributors?
How does the law distinguish between a product’s design and its warnings?
What is “strict liability”?
Who is responsible for product recalls?
What are the differences between a manufacturer’s warranty and a product liability claim?
Are there any criminal penalties associated with product liability law?
Related Blog Posts
Understanding the Basics of Products Liability Law - July 31, 2023What is a Breach of Warranty? - August 7, 2023
What is Strict Liability in Products Liability Law? - August 14, 2023
How Can You Establish a Products Liability Claim? - August 21, 2023
Common Defenses in Products Liability Cases - August 28, 2023