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Manufacturers have a responsibility to the public to create products that are safe and free from defects. If a defective product causes harm to you or your loved ones, you may be entitled to receive compensation. Our legal team of Memphis office at Morgan & Morgan has extensive experience handling product liability claims related to medical devices, medicines, consumer fraud, and other types of products. Our attorneys can review your claim, protect your rights, and provide you with knowledgeable counsel at each stage of your product liability case.
What is a product liability claim?
A product liability claim is a civil lawsuit that holds a manufacturer liable for injuries sustained by a consumer. It should be noted that anyone who suffers injury because of an unreasonably dangerous product may file a claim, not just the product owner. In Tennessee, there are three types of product liability cases:
- Failure to warn — You may have a product liability claim if you purchase a highly flammable product that contains no warning label explaining that the product is flammable. Failure to warn claims allege that the instructions, label, or marketing materials that come with a product do not adequately describe the dangers/risks of using the product.
- Design defect — Design defects are very serious because they affect an entire product line. For example, a defect in the design of an off-road vehicle would affect every off-road vehicle produced on the assembly line, not just a single unit.
- Manufacturing defect — In these cases, the design of a product is fine; rather there exists a defect or mistake in the manufacturing process. When a manufacturing defect occurs, it usually only affects a limited number of units.
Proving a product liability claim in Memphis
If you sustain an injury while using a product in the manner it was intended to be used, you may have grounds for a product liability claim. However, you must be able to identify the party at fault and prove that they are responsible for causing you harm. For your case to be successful, you must prove the following to be true about the product you allege caused you harm:
- It was in defective condition — A product is deemed in defective condition if it is unsafe for normal or expected use. A product defect may arise during the design or manufacturing stage.
- The product was unreasonably dangerous — In order to establish that a product is unreasonably dangerous, you must a) show that the product is more dangerous than an average user would expect, or b) that a reasonably prudent manufacturer would restrain from releasing the product to market as a result of knowing about the products’ dangers.
Memphis product liability attorneys help you obtain compensation
Has a defective product caused you injury? At Morgan & Morgan, our law firm comprises hundreds of skilled attorneys who are ready to work tirelessly on your case. With the assistance of our legal team, you may be able to recover damages for medical bills, lost wages, funeral costs, and more. To speak to an experienced lawyer about your case, fill out our free case review form.