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Understanding product liability in Tennessee

On Behalf of | Jun 26, 2024 | Wrongful Death |

When a product is unsafe, the consequences can be severe. Wrongful death claims often arise from defective products or inadequate warnings. Knowing your rights in these situations can make a significant difference.

Product liability basics

Product liability holds manufacturers, distributors, and sellers accountable for unsafe products. If a product defect leads to death, it can be grounds for a wrongful death claim. These cases can provide compensation for the deceased’s family.

Types of product defects

Product defects fall into three categories:

  • Design defects exist from the product’s inception, making it inherently unsafe.
  • Manufacturing defects occur during production, resulting in a product that deviates from its intended design.
  • Marketing defects involve insufficient warnings or instructions, leading to improper use.

The role of warnings

Proper warnings and instructions are critical for consumer safety. When products lack adequate warnings, they pose significant risks. This can make a product defective and lead to fatal injuries, opening the door for wrongful death claims.

Filing a wrongful death claim

To file a wrongful death claim, you must prove that the product was defective and directly caused the death. Evidence can include expert testimony, product tests, and safety records. Tennessee law sets specific time limits for filing wrongful death claims. Typically, you have one year from the date of death to file a claim.

Compensation for wrongful death

Compensation can cover medical expenses incurred before death, funeral and burial costs, lost wages the deceased would have earned, and loss of companionship for the surviving family members. Families may also receive compensation for pain and suffering experienced by the deceased before death and the family afterward.

Moving forward with awareness

Staying informed about product liability and wrongful death claims can help you navigate difficult times. By understanding your rights and the legal processes, you can make better decisions to protect your family and seek justice for your loved one.

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