Tennessee
Product Liability Lawyer

You trust the products you buy. You use them every day, assuming they’ll do their job safely. But sometimes, that trust is broken, and a product meant to help ends up causing harm.

Companies have a responsibility to make and sell items that don’t put consumers at unreasonable risk. When they fail, and you get hurt because of a defective product in Tennessee, you might have a right to seek compensation.

If a defective product injured you, take the first step. Call (888) 778-1198; TopDog Law can connect you with a vetted Tennessee product liability lawyer in our network who handles these types of cases.

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It costs absolutely nothing to see if you have a case

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Your Guide to Product Liability in Tennessee

So, What Exactly is Product Liability in Tennessee?

You bought something, used it like you were supposed to, and still ended up injured. It feels wrong, and frankly, it often is. Product liability law is the area that deals with this exact situation.

It’s about holding manufacturers, distributors, or sellers accountable when their defective products cause injury or damage. The core idea is simple: products placed into the stream of commerce should be reasonably safe for their intended and foreseeable uses.

Tennessee has specific laws covering this, primarily found in the Tennessee Products Liability Act of 1978 (Tennessee Code Annotated Title 29, Chapter 28). This act lays out the framework for who can be sued and what needs to be proven.

James Helm, Personal Injury Lawyer

The Three Main Types of Product Defects

Just getting hurt while using a product doesn’t automatically mean you have a case. The injury needs to stem from a specific kind of flaw, legally recognized as a defect. Generally, these fall into three buckets:

Design Defects

This isn’t about a single faulty item; it’s about a flaw baked into the product’s very blueprint. Even if manufactured perfectly according to plan, the product is inherently dangerous due to its design.

Think of an SUV designed in a way that makes it excessively prone to rolling over during normal driving conditions. Tennessee law (TCA § 29-28-102(2)) defines a “defective condition” partly based on this concept. The entire product line might be problematic.

Manufacturing Defects

Here, the design might be perfectly safe, but something went wrong during the making of the specific item that injured you. It’s a deviation from the intended design that happened on the factory floor.

Imagine a batch of tires where the rubber wasn’t cured properly, making them likely to blow out, or a single ladder with a cracked rung missed by quality control. This type of defect makes the product unsafe compared to identical items manufactured correctly (see TCA § 29-28-102(4)).

Marketing Defects (Failure to Warn)

Some products have inherent risks that can’t be designed away. In these cases, the defect lies in the information—or lack thereof—provided to the user. This means inadequate instructions or failing to warn about non-obvious dangers associated with the product’s use.

Consider a powerful cleaning chemical sold without clear warnings about necessary ventilation, or a prescription drug lacking adequate information about serious potential side effects. Tennessee law addresses this under concepts like “unreasonably dangerous” (TCA § 29-28-102(8)) and requires warnings for non-apparent dangers (TCA § 29-28-105(d)).

"Product Liability" written on a white sheet next to a judge's gavel.

Who Can Be Held Responsible?

Alright, you’ve identified a potential defect. The next question is, who do you pursue for compensation? It’s not always straightforward, as a product usually passes through several hands before reaching you.

The chain of distribution can include:

  • The manufacturer who designed and built the product.
  • Component part manufacturers.
  • Wholesalers or distributors who move the product in bulk.
  • The retailer who sold the product directly to the consumer.

Generally, under Tennessee’s Product Liability Act (TCA § 29-28-106), the primary target is the manufacturer. A seller (like a retailer) usually isn’t liable unless they exercised substantial control over the product’s design or manufacture, knew about the defect, or if the manufacturer cannot be brought to court (e.g., they are bankrupt or outside the court’s jurisdiction).

A lawyer can help determine the potentially liable parties based on the specifics of your situation.

Act Fast: The Clock is Ticking (Statute of Limitations)

This part is serious: don’t wait around assuming you have all the time in the world. Tennessee law puts strict deadlines on filing lawsuits, and missing them means losing your right to seek compensation, no matter how strong your case is.

For personal injuries caused by defective products, the Statute of Limitations is generally just one year from the date the injury occurred or was discovered (or reasonably should have been discovered), as outlined in TCA § 28-3-104.

There’s also something called the Statute of Repose (TCA § 29-28-103). This sets an absolute deadline, typically ten years from the date the product was first purchased for use or consumption, or one year after the product’s anticipated life expires, whichever is shorter. There are very few exceptions to this rule.

The takeaway? Time is not on your side. Contacting a lawyer quickly is paramount.

What Kind of Compensation Could You Recover?

If you successfully prove your product liability claim, the goal is to recover compensation, known as damages, for the losses you’ve endured. This isn’t a lottery win; it’s about making you whole again, as much as money can.

Compensatory damages typically fall into two categories:

  • Economic Damages: These cover tangible financial losses like past and future medical expenses, lost wages and earning capacity, and property damage (like if the defective product damaged your home).
  • Non-Economic Damages: These compensate for intangible harms such as physical pain, emotional suffering, mental anguish, and loss of enjoyment of life. Tennessee law (TCA § 29-39-102) places caps on non-economic damages in most cases, though there are exceptions for catastrophic injuries.

In rare situations involving particularly bad conduct by the defendant (like intentionally hiding a known danger), punitive damages might be awarded. These are meant to punish the wrongdoer and deter similar behavior, but they require proving intentional, fraudulent, malicious, or reckless actions (TCA § 29-39-104) and are also subject to caps.

Personal Injury Lawyer
Detroit SSDI Lawyer, James Helm

Steps After Discovering a Product-Related Injury

You’re dealing with an injury and the realization that a product might be to blame. Once the immediate emergency is over and you’re safe, taking certain steps can help protect your legal rights down the road.

  • Preserve the Product: This is huge. Do not throw away the product, attempt to fix it, or alter it in any way. Keep it in the condition it was in immediately after the incident. It is probably the most important piece of evidence.
  • Document Everything: Take clear photos or videos of the product (especially the suspected defect), your injuries, and the surrounding scene if relevant. Keep meticulous records of all medical treatments, bills, and receipts related to the injury. Write down exactly what happened, when, and any details you remember.
  • Gather Proof of Purchase: Locate receipts, packaging, instruction manuals, warranties – anything related to buying and owning the product.
  • Be Careful Who You Talk To: Avoid giving recorded statements or signing documents from the manufacturer’s representatives or insurance adjusters without consulting a lawyer first. Their goal is often to minimize their payout.

Don't Let a Faulty Product Dictate Your Future

James Helm, Personal Injury Lawyer

TopDog Law Personal Injury Lawyers

Tennessee Office

3385 Airways Blvd Unit 301F,

Memphis, TN 38116

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