Chattanooga Product Liability
In today’s marketplace, there are more products for sale than ever before. Whether purchasing goods off the Internet or in a brick and mortar location, consumers have basic rights in terms of using reasonably safe products. The majority of goods function as intended, but many do not. An area of the law known as product liability aims to provide consumers a path to recover for damages suffered when a dangerous product causes him or her to suffer unexpected injuries. If you believe you or a loved one has been injured by a defective or unsafe product, contact our firm to speak with a Chattanooga product liability lawyer to see if you have a viable claim.Cases Investigated
NST Law is currently reviewing claims for the following products:
A plaintiff in a product liability action must show that the product was either defective or unreasonably dangerous at the time it left the control of the manufacturer or seller. Under Tennessee law, a product is in “defective condition” if it is in a condition “that renders it unsafe for normal or anticipatable handling and consumption.” In addition, in Tennessee, “unreasonably dangerous” means the amount of danger “to an extent beyond that which would be contemplated by the ordinary consumer who purchases it.”
As a general rule, an injury from a product, standing alone, is not always sufficient to show that a product was defective. The plaintiff (injured victim) bears the legal burden of showing that there was something wrong with the product which caused the harm. Just because there was a better, safer, or different design which might have avoided the injury may not be sufficient to prove that a product was defective. In general, the plaintiff must show the presence of four elements: (1) he or she suffered an injury; (2) the product was defective; (3) the defect caused the injury; and (4) he or she used the product as intended.
In a product liability lawsuit, proving liability often entails testimony from expert witnesses. Our law firm has the resources to consult with and retain experts who can inspect the product at issue and render an opinion as to causation. In addition, experts may need to review product recall notices and a company’s compliance with federal regulations. Further, our product liability attorneys can assist Chattanooga victims by retaining medical and economic experts who can testify in regards to your medical treatment, traumatic injuries, and lost income or diminished earning capacity caused by the product injury.
The Tennessee Products Liability Act provides for both the consumer expectation test and prudent manufacturer test in determining whether a product was defective. Neither test is exclusive, and either or both of these tests could be applicable. Under the consumer expectation test, a product is not unreasonably dangerous if an ordinary consumer would appreciate the condition of the product and risk of injury. The prudent manufacturer test turns on whether, balancing all relevant factors, a prudent manufacturer would market a product despite its dangerous condition.Compensation Available in a Product Liability Claim
A critical aspect of any product liability claim is damages. A plaintiff cannot recover without showing that he or she suffered actual damages, which can be economic or non-economic in nature. Economic damages include more easily quantifiable damages, such as out of pocket past and future medical expenses, loss of income, and loss of economic opportunity. Non-economic damages constitute less easily quantifiable damages, including pain and suffering, loss of enjoyment of life, and loss of consortium. If a product manufacturer acted recklessly, fraudulently, or knowingly caused harm, punitive damages can be pursued. Our product liability lawyers can help Chattanooga residents document their losses in an effort to help them be made whole as best as possible.Let Our Firm Review Your Case Today
The dedicated personal injury attorneys at Nahon, Saharovich & Trotz have over 25 years of experience helping Tennesseans injured by big corporations. Product defect injuries may manifest themselves in a variety of situations, including automobile accidents and other aspects of daily life. Call us today at 800-529-4004 or complete our contact form for a free consultation with an attorney who handles defective product cases. We assist residents of the greater Chattanooga area, including Marion County, Bradley County, Polk County, McMinn County, Meigs County, Rhea County, Bledsoe County, and Sequatchie County. NST is the way to go if you are looking for a Chattanooga product liability attorney to stand up for your rights.