Every company’s goal is to make money. However, with that goal comes a responsibility to make products that do not pose an unnecessary risk of harm to a consumer. This is not just an obligation to customers; it is also a legal one. Every maker of a product must design that product in a way that will not cause harm when a customer uses that product correctly. In addition, that maker must provide adequate warnings of potential hazards and instructions for correct use. Even so, many makers fail in this duty, and every year, hundreds of people around Red Bank suffer injuries because of defective products.
A Red Bank defective products lawyer could help you hold these negligent manufacturers responsible for their failures. A seasoned personal injury attorney could gather evidence of the unsafe nature of a product, take proper measurements of your losses, and demand appropriate payments in settlement talks and court.
Claims that center around defective products are a subset of an area of law called product liability. In short, these laws state that makers of products are strictly liable for any damages their products cause to a consumer. However, plaintiffs in these cases still bear the burden of showing that an inherent flaw of a product resulted in a dangerous situation.
Tennessee Code Annotated § 29-28-105 asserts that there are two ways to demonstrate this concept in court. The first is to show that the product was unreasonably dangerous when it left the maker’s control. This could involve showing that an error during manufacturing resulted in a dangerous product.
The second requires people to prove that the product was in a defective condition. This could be due to poor design or inadequate quality control. A skilled Red Bank defective products attorney could help an individual plaintiff choose a legal theory applicable to their specific case.
Naturally, the maker of a product will not simply cave to an injured plaintiff’s demands for compensation. Indeed, the law allows for many defenses that a plaintiff will have to anticipate.
Chief among these is the idea that the injured person did not use the product as intended. A dining room chair is a clear example. These chairs are meant for sitting. If a plaintiff suffered a broken arm after falling from the chair while using it as a ladder to reach a high shelf, the chair’s maker would argue that this was not an intended use of the product.
Another common tactic used by defendants in product liability cases is to argue that the victim waited too long to pursue a case for compensation. Indeed, TN Code Ann. § 28-3-104 says that plaintiffs in personal injury cases have only one year from the date of injury to file a case in court. An experienced lawyer could help plaintiffs anticipate these common problems with defective product claims in Red Bank and formulate strategies to avoid them.
Every maker of products that does business in Red Bank has the responsibility to make items that function as intended and that do not harm a user. Indeed, state law holds that makers are strictly liable for any injuries that result from a product that leaves their control in a defective or unreasonably dangerous state.
Still, proving these cases can be a complex undertaking. In many claims, it is necessary to provide alternative designs that would have made the product safer and to offer evidence that speaks as to how your use of the product was proper. The stakes are huge, as a successful case could collect payments for all medical costs, lost wages, and even emotional anguish you suffered because of your injuries. Let a Red Bank defective products lawyer help you build a strong case to hold large manufacturing companies accountable for their negligence. Call now.