Imagine it is your day off and you plan to finally catch up on all of your dirty laundry. You hear an alert coming from the washing machine notifying you that it is now time to place the freshly washed clothes in the dryer - you proceed to do so. Moments later your dryer is engulfed in flames - sheer panic overcomes you. If you find yourself in this situation or a similar situation you may have a product liability case.

In 2017 alone, the National Electronic Injury Surveillance System (NEISS) reported 13,458,864 injuries associated with consumer products from the U.S. There are 89 million residential clothes dryers in the United States.

What is Product Liability?

Product liability law holds a manufacturer, designer or retailer legally responsible for placing a dangerous or defective product into the stream of commerce. A successful product liability claim depends on whether you can prove the product was “unreasonably dangerous” or in a “defective condition” when the manufacturer distributed it to the market.

It is important to note that the original purchaser does not have to be the person that was injured in order to be successful in a product liability case. Anyone who was hurt by the defective product potentially has a product liability claim.

Unreasonably Dangerous:

The Tennessee Products Liability Act defines an unreasonably dangerous product as a product [that] is dangerous to an extent beyond that which would be contemplated by the ordinary consumer who purchases it, or a product [that] because of its dangerous condition would not be put on the market by a reasonably prudent manufacturer or seller assuming that [the manufacturer or seller] knew of its dangerous condition.

Defective Condition

A defective condition is a condition of a product that renders it unsafe for normal or anticipatable handling and consumption. In order to prove a product is defective, you will need to establish that some part or condition of the product made it unsafe for normal use.

There are three defect categories that product liability claims fall into:

1. Design Defect Claims – A design defect occurs when there is something fundamental to a product's design that causes unreasonable risk of injury. The problem with the product is present in the entire model line. Design defects are inherent, as they exist before the product is manufactured.

2. Manufacturing Defect Claims – A manufacturing defect is a defect in a product that was not intended. The defect is only present in small number of the products and occurs during the manufacturing process.

3. Failure to Warn Claims – The defect relates to the instructions or marketing materials that come with the product. A product manufacturer must adequately instruct consumers about how to use their product correctly.

The product must be in the same condition as it was when it left the manufacturer and the product must be used for its intended purpose.

Responsible Party: Who Can Be Sued?

In Tennessee, generally the manufacturer or seller of the dangerous or defective product is held liable for the defective product.

• Manufacturers: A manufacturer is an individual or entity that designs, fabricates, produces, compounds, processes, or assembles a product or its component parts before the sale to a customer.

• Sellers: A seller is a person engaged in the business of selling a product, whether it's for resale or for use or consumption.

Generally a lawsuit is filed against the manufacture. A seller can only held responsible if:

• The seller exercised "substantial control" over the aspect of the design, testing, manufacturer, packaging, or labeling of the product that caused the harm;

• The seller modified the product and this modification was a substantial factor in causing the harm;

• The manufacturer of the product is not subject to service of process in the state of Tennessee (i.e., the manufacturer is located outside of Tennessee and does not do business inside of Tennessee);

• The manufacturer has been judicially declared insolvent; or

• The seller made an express statement to the consumer about the aspect of the product which caused the harm.

I generally see the seller being held liable when the manufacturer is located in a foreign country.

Statute of Limitations: How Long do You Have to File a Claim

In order to prevail on a product liability claim in Tennessee, you must make sure you file the case timely. According to T.C.A. § 29-28-103 an action against a manufacturer or seller must be brought within: 1) six (6) years of the date of the injury, 2) ten (10) years from the date on which the product was first purchased for use or consumption; or 3) within one (1) year after the expiration of the anticipated life of the product, whichever is the shorter, except in the case of injury to minors whose action must be brought within a period of one (1) year after attaining the age of majority, whichever occurs sooner.

Failure to meet the statute of limitations means you cannot recover damages or seek legal justice.

Do You Need an Attorney?

Navigating a product liability claim can be complex. The attorneys at Cotter Law can help you file a claim by ensuring your claim meets the criteria of a product liability case.

If you or someone you know has been injured due to a dangerous or defective product please contact us for a free consultation. At Cotter Law we will provide compassionate yet aggressive representation. Fill out the form below or call Cotter Law today to schedule your FREE consultation at (865) 888-7155 to speak with an attorney.

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