There are several ways that you may be able to recover compensation if a design or manufacturing defect in a product caused you an injury. Here at Bart Durham Injury Law, we regularly work with clients to hold negligent manufacturers accountable. When filing a claim, you should be aware of your options as well as what will be expected of you.
You may want to pursue your claim through one of the following theories:
- Negligence: This is useful if you can easily demonstrate where the manufacturer committed an error.
- Strict liability: This doctrine does not require that you demonstrate that the manufacturer was negligent.
- Breach of warranty: When there are warranty issues afoot, your claim could cite the breach.
Many claims are filed as strict liability because it tends to be the most simple. You should be aware that you will still have to demonstrate that the product was unreasonably dangerous due to a defect, and the defect was the result of the manufacturing, handling or design of the product. Further, the defect must have been directly responsible for your injury. As the Tennessee Bar Association points out, the state deems that a product could be found unreasonably dangerous if the "ordinary" consumer would not be aware of it or if a prudent manufacturer would not try to sell it.
Though strict liability cases sound cut-and-dry, they can quickly become complex. Our attorneys know how to successfully pursue this matter and advocate in your best interests.
For more information on this topic, please visit our page on defective products.