When a consumer buys a product, they rightfully expect it to perform safely and efficiently. Unfortunately, that isn’t always the case. A defective product –- one that is designed with flaws or manufactured improperly –- may cause injury to consumers, sometimes with tragic consequences. That’s when you may need to call our Nashville product liability attorneys.
Each state’s law provides consumers with a legal remedy–the right to sue for money damages–if a person (not just the purchaser) is injured or dies as a result of a defective or unreasonably dangerous product. The law of product liability holds manufacturers, distributors and sellers legally responsible for defects in manufacture, design flaws, and failure to warn.
The Nashville products liability attorneys at David Randolph Smith & Associates are very familiar with the unique considerations that these cases entail, and we know how to get results. We serve clients throughout Tennessee and neighboring states. Contact us to schedule a free initial consultation.
How does a products liability suit arise?
There are several different situations that may give rise to a products liability action:
- Manufacturing flaws
- If a product is originally designed to function safely, but is produced with an unintentional flaw during manufacturing, the manufacturer may be liable for any damage or injury that the flawed product causes. Manufacturing flaws are the most common cause of products liability claims. Common examples include
- Design flaws
- If a product is purposefully designed in a manner that is later found to be unsafe, the designer, manufacturer, and retailers may be liable for harm that the flawed product causes to consumers. Common examples of design flaw claims include
- Failure to warn
- When a manufacturer creates a product that is known to be potentially harmful, but fails to warn consumers of the potential risks of using the product, the manufacturer may be liable for resulting damage or injury. Failure to warn cases often arise from lack of warning labels on a hazardous product, failure to list certain side effects of medication, or faulty instructions on how to use the product safely.
Do I have a claim for a product liability lawsuit?
If you have experienced injury or damage due to a defective product, you may be liable for compensation. As our Nashville product liability attorneys can explain, the required elements of a product liability claim are:
- Injury or damage
- All products liability claims require the plaintiff to show that they have suffered some kind of injury, damage, or monetary loss.
- Defective product
- The plaintiff must demonstrate that the product was defective by reason of manufacturing flaws, design flaws, or a lack of warning of the product’s potential danger.
- The defective product, or failure to warn, must be both the actual and proximate cause of the injury. This means that the plaintiff must show that there was no intervening cause.
- Intended use
- Finally, the plaintiff must show that he or she only used the product as it was intended to be used at the time that the defective product caused harm.
How do I choose a Tennessee products liability lawyer?
In choosing a Nashville product liability lawyer to pursue a product liability case, experience and a record of success are essential. Let the Tennessee products liability attorneys at David Randolph Smith bring their decades of experience and success to your case. Our firm has represented plaintiffs in drug, chemical, vehicle and equipment product liability cases, with a track record of significant multi-million dollar settlements and verdicts. Examples include:
- $6 million dollar settlement in a Wilson County, Tennessee case involving a defective crane against a Canadian manufacturer
- $2 million settlement in a Nashville federal court case against a Japanese drug company for a defective diet supplement
- $2,6000,000 settlement (product liability, defective pharmaceutical) in a Montgomery County, Tennessee case involving cardiac injury
The Experience to Handle Your Product Liability Case
David Randolph Smith began his career as an attorney in 1978 in Houston, Texas defending product liability cases for clients such as Ford Motor Company (fuel tank and park-to-reverse cases) and Upjohn (defective drug cases). Mr. Smith has testified as a legal expert on product liability law before the 100th Congress (House of Representatives) Subcommittee on Commerce, Consumer Protection, and Competitiveness. His testimony and paper appeared in the Congressional Record. He later taught torts and products liability at Vanderbilt University School of Law (1983-1988). Contact us for more information about our Nashville product liability attorneys today