Product liability lawsuits are different than personal injury lawsuits based on negligence. The basic parts of a product liability claim are:

• A product was defective
• The user of the product died or became injured
• The defect is the cause of the wrongful death or injury

The damages in both product liability lawsuits are similar. Injured victims can claim their lost wages, any and all medical expenses to recover, and damages for pain and suffering. Families can bring a wrongful death claim against the wrongdoers. Product liability cases are also called strict liability cases. The responsible parties are the manufacturers and anyone or any company that sold the product. Some exceptions do apply which your Knoxville product liability lawyer can explain. In many cases, the personal injury lawyer files three related claims:

• A product liability claim
• A breach of warranty claim
• A negligence claim

What does defective mean?

Products are considered defective in three different ways. Generally, we work with product safety engineers and experts who examine the product and the history of the product to verify or explain the defect. The three defective categories are:

• Defective manufacture. This usually includes problems at the factory. It may be just one product that was made differently than others. It can mean all the products were made poorly. Poor manufacture can include using substandard or poor-quality materials. Examples include products with cracks, missing parts, or hazardous chemicals.
• Defective design. This defect generally occurs well before the manufacturing starts. It can include poor planning, not thinking through how component parts fit or react with each other, and not anticipating common uses for the product. Examples include failing to consider water or fire damage, the risk of contamination, exposure to heat or cold, and many other dangers.
• Failure to warn. If the maker or seller is aware of a known danger, it should inform the user of the risk. Instructions should be clear on how to use the product and what limitations or restrictions apply. For example, it should be clear how child-safety seats should face and the size and age of children that should use them.

The idea behind product liability cases is that the makers and sellers of consumer products are in the best position to design, inspect, and test their products.

Some of the many products that have been the subject of product liability lawsuits include:

• Cars and car parts
• Medical devices
• Medications
• Consumer electronics
• Machines and equipment
• Clothing
• Agricultural products
• Tobacco
• Cosmetics
• Products designed for children

At Banks and Jones, our highly respected Knoxville personal injury lawyers have been fighting for injury victims and families for nearly 30 years. We have successfully negotiated numerous strong settlements and obtained high verdicts – some for millions of dollars. Our trial lawyers have the experience and resources to help clients Fight 2 Win your product liability claims. To discuss your case now, please call us at 865-546-2141  or use our contact form to schedule an appointment.