Product Liability Lawsuit Settlements
A product liability lawsuit settlement is based largely on common law, or state law made from judicial decisions. Therefore, Tennessee product liability law is generally structured around state judicial decisions.
If you have been injured by a product - whether it was defective or because it was fundamentally dangerous - you may be eligible for compensation from the manufacturer or supplier. This obligation is called product liability. And, as the injured person, it is your responsibility to prove your case.
The product liability lawsuit is your most effective action against uncommonly dangerous products. The four legal approaches taken to bring about product liability lawsuit settlements are:
- strict liability
- negligence
- breach of warranty
- misrepresentation
Strict Liability
In the past, "buy at your own risk" may have been the legal approach. Today's laws have improved to enforce what is called strict liability on the makers of the products.
This means the manufacturers, sellers and distributors are held potentially accountable for injuries caused by their products. Product suppliers must provide clear labeling with explicit warnings and directions. They must also be able to show that defects did not happen during the assembly or manufacture of their product.
Claims based on strict liability focus on the condition of the product. If you can show that the product was defective, and that the defect was the cause of the personal injury, then strict liability holds the manufacturer or seller responsible, regardless of fault or intent.
Negligence
These claims are based on the manufacturer's conduct. If a company does not provide reasonable care when it has the legal responsibility to do so, it may be guilty of negligence. Scenarios for product liability lawsuit settlements include total inaction, careless acts, and intentionally malicious action.
An example of negligence would be when a company carelessly assembles a piece of equipment that breaks, resulting in someone being injured.
Breach of Warranty
Warranties are statements or claims made to a customer by a manufacturer or seller concerning a product. Breach of warranty happens when a manufacturer or seller does not uphold that claim or promise. The law expects companies to stand by their claims made to customers.
Misrepresentation
Misrepresentation refers to advertising claims that lead consumers to believe that a product is safer than it really is. Misrepresentation can be argued under breach of warranty or under strict liability.
If you have been harmed by either a dangerous or defective product in Tennessee, you may be entitled to damages, including financial compensation. An attorney specializing in product liability lawsuit settlements can help evaluate your situation, determine if you have a valid case, and help you reach a just settlement.