Memphis Product Liability Lawyers
Every business and corporation that introduces a commercial product owes a duty to purchasers and users that the product is safe—there are no defects in its design or manufacture, it is safe to use as intended, and all required warnings for the product’s safe use have been provided. When businesses and corporations breach this duty, resulting in an injury to a user or consumer, that business or corporation may be liable for the damages and losses caused by that injury.
If you or a loved one has been injured while using a product, you may have a legal right to compensation through a product liability claim. An experienced product liability attorney can help you obtain the full amount of compensation you may be entitled to under the law. In Memphis, you have many product liability law firms to choose from. You need a law firm that has the compassion, dedication, and experience to vigorously pursue your product liability claim.
Gold Law Firm fights to protect the rights of clients who have been injured by defective products; we have a track record of helping clients recover millions of dollars in compensation. Attorney David Gold and his team have been protecting the rights of people like you for over 20 years, so he has seen what it takes to successfully pursue a product liability claim. Contact us today to schedule a free, no-obligation consultation to learn more about your legal rights and options and about how our firm can help you obtain the financial recovery you need and deserve.
What Is Product Liability?
Product liability is a legal claim arising from a person’s injury or death through their use of a product. A “product” is anything that is manufactured. This ranges from food and beverages to pharmaceuticals, toys, furniture, vehicles, tools, and equipment. In a product liability claim, the manufacturer of a product is held liable for a problem with their product that caused a person’s injury or death.
A product manufacturer is a company that designed or assembled the product, along with the companies that designed and manufactured various parts of a product (for example, the brakes of a car). In certain circumstances, it is possible to hold entities other than the manufacturer responsible for a product liability claim.
If a manufacturer can’t be sued because, for example, it is located outside the United States or has since gone out of business, it may be possible to hold the seller of the product responsible. In other circumstances, it is possible to hold liable the parties responsible for a product’s maintenance, such as a mechanic shop for a vehicle or piece of heavy machinery.
Common Injuries in Product Liability Claims
Defective and unsafe products can inflict all kinds of injuries upon their users. Some of the most common injuries in product liability cases include:
- Broken bones
- Muscle, tendon, and ligament damage
- Neck and back injuries
- Internal organ injuries and internal bleeding
- Head injuries and traumatic brain injury
- Toxic exposure and illness
Product liability claims are among the largest personal injury claims in law by dollar value. A 2016 Insurance Information Institute study found that for all personal injury claims, the median jury award was $100,000, while the average jury award was over $1.3 million. Most specific kinds of personal injury claims, such as business negligence, personal negligence, vehicular liability, and premises liability, fall within this range. However, for product liability claims specifically, the median jury award was over $3.7 million, while the average jury award was just over $7 million.
Damages in product liability claims tend to be higher because the responsible parties are usually large businesses, which generally have multiple layers of insurance coverage and significant financial resources to pay claims. In addition, product liability claims often involve significant, life-altering injuries that require extensive medical treatment and can permanently impact a victim’s earning capacity and quality of life.
Product Liability Cases We Handle
Any product that is manufactured may be the basis of a product liability claim if its unsafe or defective nature causes injury to someone. Some of the common kinds of product liability cases we see include:
- Food and beverage
- Home appliances
- Power tools and lawn equipment
- Medical devices
- Motor vehicles
- Self Driving Cars
- Opioids and Pregnancy
If you’ve been hurt due to a defective product in any of these categories, you have the right to expect fair compensation from the manufacturer, distributor, seller, or any other entity in the chain of distribution who was negligent. Contact an experienced product liability attorney to discuss your rights and legal options.
Types of Compensation Available in Product Liability Claims
If you are injured by a product, you may be entitled to certain forms of compensation for your injuries. Compensation for personal injuries in a product liability claim typically falls into two categories: economic damages and non-economic damages.
Economic damages compensate an injured victim for specific financial losses that can be calculated. Economic damages include past and future medical expenses, such as surgeries, hospital stays, doctor’s office visits, physical and occupational therapy, prescription medication, and durable medical equipment like crutches or wheelchairs. Economic damages also include past and future lost income, such as income lost due to missed work, along with the loss of earning capacity caused by your injuries.
Conversely, non-economic damages are intended to compensate an injured victim for more subjective losses that cannot be calculated by referring to bills or paychecks. Rather, these damages are added up based on a common understanding of the value of such losses.
Non-economic damages can include pain and suffering (the physical and emotional anguish and distress caused by one’s injuries), disability or loss of enjoyment of life (including the inability to complete tasks of daily living or to enjoy activities one enjoyed prior to their injuries), and loss of consortium or companionship (your spouse’s or your family’s loss of your society and service to the family and household).
Pursuing a Product Liability Claim
In order to have a valid product liability claim, you must prove that the product that injured you was either “unreasonably dangerous” or was in a “defective condition” when it left the responsible party’s control and that it was the unreasonably dangerous or defective condition that caused your injury. A product is unreasonably dangerous if it was more dangerous than ordinarily expected or if a reasonable manufacturer would not have put the product on the market if they knew of the danger. A product is defective if some condition of the product made it unsafe for its expected use. Defects can lie in the product’s design, the manufacture of the specific unit that you used, or the warnings provided by the manufacturer that may have been inadequate.
Many product liability claims are settled before they go to trial or even see the inside of a courtroom. Some product manufacturers carry insurance for product liability claims; as a result, you may be negotiating a settlement with the manufacturer’s insurance company. It is important to remember that an insurance company’s first offer is often not a reflection of the true value of your claim or even the best offer that the insurance company can make.
Sometimes it is necessary to pursue your claim in court. Under Tennessee law, you typically have one year from the date of your injury to file a product liability lawsuit. There are also other rules specific to product liability claims. For example, you must file your lawsuit within six years of your injury, even if you were not aware that a product caused your injury. Your lawsuit must be filed within ten years of the purchase of the product at retail. If the product has an expiration date, a lawsuit must be filed within one year after the expiration date.
However, these rules do not apply to minors, who have until one year after their 18th birthday to file a product liability lawsuit. Certain products, such as those containing asbestos, are legally subject to other filing deadlines.
Next-Generation Product Liability Auto Accidents
Auto accidents are usually caused by user error. In the vast majority of accident cases, a driver made some kind of mistake that caused the accident. However, there are times when accidents and injuries are caused by system failure. Either the brakes went out or the airbag didn’t deploy properly or other problems with one of the vehicles directly caused the accident.
Accidents caused by the failed machinery of a vehicle places the case in the realm of premises liability. These are different from other auto accident cases, requiring particular knowledge and experience. Attorney David Gold of The Gold Law Firm in Memphis, TN, has handled many product liability claims and our firm can help you obtain compensation for injuries and losses.
We are interested in a product liability problem that is still in early stages: accidents occurring in new-generation self-driving cars. We invite you to read about the new world of car accidents involving these machines.
Contact a Product Liability Lawyer
If you or a loved one has been injured by a defective or unsafe product you’ve purchased, you may be entitled to compensation for your injuries and other financial losses you’ve suffered as a result of your injuries. Pursuing a product liability claim is a complex, lengthy endeavor that often requires accumulating a great deal of evidence and working with expert witnesses to analyze that evidence. Let The Gold Law Firm take on the burdens of investigating your claim, collecting evidence, retaining expert witnesses to offer expert opinions in support of your claim, negotiating with the responsible parties, and, if necessary, pursuing your claim in the courts. We can do the hard legal work while you focus on the hard work of recovering and putting your life back on track.
Don’t wait another day to begin the process of pursuing the compensation and justice you deserve for the injuries a defective or unsafe product caused. Contact Gold Law Firm at (901) 244-5003 today to schedule a free consultation with one of our dedicated, experienced product liability attorneys. We will discuss your case with you and explain your legal rights and options and how we can help you obtain the compensation you need and deserve.