Nashville, Lebanon and Mt. Juliet, Tennessee Dangerous Or Defective Products Liability
- In a Design Defect Claim, the injury is caused by the actual concept of the product being defective;
- In a Manufacturing Defect Claim, the implementation or manufacturing of the product is faulty and causes injury;
- In a Failure to Warn Claim, injuries are caused by the faillure of instructions or marketing materials to warn of dangers of complications if certain measures are not followed during the use or operation of the product.
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In a Defective or Dangerous Products case, you must prove the product was either “defective” (meaning the actual condition of the product makes it unsafe for use or consumption) or “unreasonably dangerous” (meaning the product is dangerous beyond the extent that a consumer could reasonably consider before using or consuming the product). In addition to proving the item is either defective or unreasonably dangerous, “causation” must be established in your case. Causation means establishing the defective or dangerous product actually caused your injury
If you or a loved one is injured by a defective or dangerous product, there are some actions you can take to make sure your right to recovery is protected.
- Seek medical attention for your injury. When seeing medical professionals, be honest and specific about the details of the incident with the product that caused your injury.
- Preserve the product. Do not throw it away or have it repaired.
- Keep the original packaging, receipts, operating instructions/manuals if possible that came with the product when you purchased it.
- Lastly, be sure to find an attorney who has experience with defective and dangerous product injury law. In products liability cases, you are typically going up against large corporations with their attorneys and attorneys representing their insurance company. You will need someone well versed in the law and in the steps involved in litigating this type of case.
If you have any questions about an injury that you or a loved one suffered due to a dangerous or defective product, please give us a call. Keith Williams has earned inclusion in the Best Lawyers in America: Products Liability Law yearly since 2012. We have the experience to help you be successful in your recovery for injuries due to the negligence of corporations who design, manufacture and distribute defective or dangerous products.
Defective Products Frequently Asked Questions
Formaldehyde is found in thousands of household objects from solvents to adhesive to bonding agents. In small amounts (recommended exposure is .10 parts per million) formaldehyde is well tolerated by most everyone. However, once that level is increased, people with chemical sensitivity start to suffer to side effects. Once it reaches .30 parts per million, even people without chemical sensitivity notice symptoms. These range was itchy watery eyes, burning eyes, burning and sensitivity in the nose and throat, coughing, nausea, dizziness and headaches. Studies have found that excessive exposure to formaldehyde over time can cause throad and nose cancer and leukemia.
If you must work with a chemical containing formaldehyde, make sure you wear a protective mask, ventilate the area, and try to keep people and pets out of the area until the chemical has dissipated. If you can smell it, there is too much in the air to be safe. Formaldehyde gives of a cloying chemical smell that some people describe as “fish like” and others say is “pickle like”. If you have items made of laminates that contain high amounts of formaldehyde, such as veneer cabinets, there are relatively inexpensive products that you can buy to seal the formaldehyde in and keep it from de-gassifying in your house.
Each year thousands of items of clothing, furniture, baby and children’s items and vehicles are recalled because they pose a danger to the consumer. If you receive a notice that a product or vehicle you purchased has been recalled, you need to follow the instructions on the notice of how to return the item or have it repaired. You can be proactive and check the government site www.cpsc.gov for recalls. It will give you exact manufacturing information, model numbers, the problem with the item and how to get it returned, replaced or repaired.
If you have been injured by a defective product, Nashville Injury Attorney Keith Williams can help.
Under Tennessee product liability laws a product is considered to be defective if it is unsafe for normal or reasonably anticipated handling and use. If a product is inherently dangerous in its design, or the manufacture of the product is defective, or if directions for assembling or using the product are incorrect or incomplete, the product’s manufacturer and distributor can be held accountable for injuries or deaths suffered by people who are using the defective product.
1. Save the dangerous or defective product in a safe and secure place.
2. Make sure any documentation that came with the dangerous product including packaging, owner’s manuals, instruction booklets etc.
3. Do not give the product to the manufacturer. They may claim that they have the right to have the defective product for “testing.” Well, they do have that right but not before you have gotten the help you need by obtaining your own experts. Most all dangerous or defective product cases are won or lost in the early days following the accident. The product must be kept in a secure manor or the lack to do this will most certainly be used against you.
4. It is very important to the success of your case that you contact a qualified dangerous or defective product attorney who is experienced in product liability cases. The sooner this is done – the better.
What if you buy a product that is supposed to perform or operate safely, but it doesn’t and you or a loved one are hurt? We do newsletters every few months and one of our articles is recalls. There are so many new ones every few months that we can only put the ones in that we feel will help the maximum amount of consumers, especially those with small children. It’s amazing how many recalls are put out every month for products we use everyday! How are you supposed to know if something you have in your garage or in your cupboard has been recalled? If you’ve been injured by a defective or dangerous product, you need to call a Tennessee attorney who has experience in this very specific very difficult area of law. You can imagine the money that big corporations give to attorneys to make these claims go away. They care more about their bottom line and reputation than they do the fact that a product they manufacture may hurt you or your loved one. We can help you and we have the experience and success you need for your case, so give us a call.
You will need to [provide your medical records from all past & current physicians, clinics and hospitals. You will also need to furnish results from all test and diagnostic procedures such as lab test results, results from other diagnostic tests such as MRIs, CT-Scans, X-rays, EKG, EEG and any other medical report that would help prove your disability.
Affidavits, letters and reports from your treating physicians or psychiatrists that prove your diagnosis, prognosis and any restrictions or limitations the medical providers may have assigned to you. It is also necessary to convey to the Social Security Administration hearing officer what symptoms you feel along with the medications you take and, how your disability affects your ability to work at any job.
At Keith Williams Law Group we gather all of these documents for you and submit them to the Social Security Administration for your benefit.
Please call to discuss your Disability Benefits Claim with a real attorney at The Keith Williams Law Group. We can help!
Under Tennessee product liability laws a product is considered to be unreasonably dangerous if the product is more dangerous than would be reasonably expected by the ordinary consumer or would not be offered for sale by the reasonably careful manufacturer or seller who knew of the dangerous condition.
If you, a family member or other loved one has been the victim of a dangerous or defective product or machine, you need an experienced medical product liability lawyer. Please call or click to speak directly with an attorney with The Williams Law Group. We can help!