Products Liability Lawyer Franklin

What is Products Liability and Defective Product law about?

When you buy a product you expect the product to be safe. However, sometimes consumer goods cause injury. Defective product law dictates who is responsible for this breach of the implied warranty of fitness for the product’s intended uses. The retailer who sold the defective product and the company that made the product may be liable.

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Millions of people are injured every year as a result of defective products such as the GM Recall ignition switches. Some are killed. Any product can qualify as a defective product if they are found to be unreasonably dangerous. Products liability law is complex and confusing.

How is a product found to be legally defective?

Gm Recall

Franklin Personal Injury Attorney

In the case of the GM Recall ignition switches, a product may be found legally defective as follows:

Defective Design

Sometimes, the defect in the product originates from the design itself. It is the responsibility of the designer to create safe products. Examples of unsafe products may be cell phone batteries that catch fire or vehicle safety features which cause injury. A defective design may be caught after the items have been sold. If that happens, the company usually issues a recall. These happen often. They are posted in stores and advertised on television. Unfortunately for some customers, the recall will happen after they are injured by the defective product. Thousands of recalls happen yearly.

Insufficient testing may be a source of the problem. Proper testing of the design is critical as consumers depend on the implied warranty of safety. For example, a parent depends on the designer of a high chair testing the device to ensure safety. A company that does not properly test their products may be liable to those injured if the product has a defective design.

Defective Manufacturing

In some instances, a faulty manufacturing procedure will result in the creation of a defective product despite a safe design. The company that designed or manufactured the defective product may be liable. Every manufacturer on the supply chain between the manufacturer to the consumer can be held liable. Also, the retailers of the defective product and the middlemen may be held liable (distributors or wholesalers).

Who Has A Claim?

The person injured by the defective product may bring a legal action against the company. Aside from the user of the defective product bystanders may be compensated for injuries. Additionally, bystanders who are not injured may also bring a claim if they witness a close family member sustaining an injury. The spouse, or children of an injured party may also bring a claim for the loss suffered by a love one under claims of Negligent Infliction of Emotional Distress.

Contact the product liability attorneys at our law firm regarding product liability and defective product law to discuss who may be legally responsible for your injuries.

This is Products Liability Lawyer Advertising and is not legal advice. Many factors could influence your Tennessee Personal Injury Case. Compensation is not guaranteed.