What is a “products liability action”?

A "products liability action" is a type of legal claim arising when a product is determined to be dangerous or defective and causes harm to an individual. The state of Tennessee recognizes three types of products liability actions: failure to warn of a hidden or unknowable danger, defective design, and manufacturing defects. In a failure to warn action, the manufacturer or seller of the product can be held liable if there was no reasonable warning on the product about a dangerous or potentially fatal condition. This means that the buyer was unaware of the risks associated with using the product and was not adequately warned. In a defective design action, the seller or manufacturer can be held liable if the product itself is defective; that is, if the defective design itself caused the injury or damage. In a manufacturing defects action, the seller or manufacturer can be held liable if an error occurred during the manufacturing process that caused the defect. For example, if the manufacturer used the wrong materials while making the product, or if the instructions on how to use the product were incorrect. In order to bring a successful products liability action in Tennessee, the plaintiff must prove that the product was defective when it left the manufacturer’s control and that the defect caused the injury or damage. The plaintiff must also show that the product is being used as it was intended to be used and that no alteration of the product has occurred after it left the manufacturer’s control.

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What is a “products liability action”?

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