Johnson City Defective/Dangerous Products Lawyer
Most people who buy consumer products assume that the products will be safe to use. Occasionally, however, products malfunction and cause serious injuries. Tennessee Code § 29-28-102(6) allows people who were injured by malfunctioning products to bring product liability actions against the liable party.
If you suffered catastrophic injuries or your loved one was killed by a dangerous or defective product in Johnson City or a surrounding area of Tennessee, act quickly to protect your legal rights to compensation. Product liability cases can be very challenging, and you will benefit from working with an experienced lawyer.
The Law Offices of Seaton & Bates, PLLC handle all kinds of defective and dangerous product claims involving both major and minor injuries. You can have our attorneys provide a complete evaluation of your case when you call (423) 282-1041 or contact us online to schedule a free consultation.
Do I Need a Defective/Dangerous Products Lawyer?
When you have been injured by a defective or dangerous product, the manufacturer is not likely to admit to liability. In many cases, victims are told that they must have misused the product and that they alone are to blame for their injuries.
When you know this is not the case, you will want an injury attorney to prove otherwise. A lawyer will be able to conduct an independent investigation to determine the actual cause, collect important evidence, and identify all the liable parties.
An insurance company for a manufacturer may contact you and offer a lump sum settlement to resolve your case. You are right to suspect that the offer is likely well short of what you are entitled to.
The Law Offices of Seaton & Bates, PLLC will fight to help you obtain every dollar of compensation you need and deserve. With a lawyer’s help, you are likely to receive far more money than you would trying to handle your case on your own.
Why Choose the Law Offices of Seaton & Bates, PLLC to Handle My Case?
The Law Offices of Seaton & Bates, PLLC have been helping injury victims in communities all over Upper East Tennessee since 1984. We have a dedicated team and support staff that allows us to use our decades of combined experience to help clients achieve the most favorable possible outcomes to their cases.
Tony Seaton is a board-certified specialist in Civil Trial Practice with over 30 years of legal experience. He received an AV Preeminent rating from Martindale-Hubbell, a peer rating denoting the highest level of professional excellence.
Robert Bates won a sizable jury verdict in a case against one of the best defense lawyers in the state. The National Association of Personal Injury Attorneys named him to the Top 40 Under 40 list in 2015.
The Law Offices of Seaton & Bates, PLLC provide legal representation on a contingency fee basis, so you do not pay anything until you recover a monetary award. We can negotiate a fair and full settlement, or we will file a lawsuit if a satisfactory settlement cannot be achieved.
Types of Defective/Dangerous Products Cases We Handle
Product liability action includes actions based upon theories of negligence: strict liability in tort, breach of express or implied warranty, breach of or failure to discharge a duty to warn or instruct, or misrepresentation, concealment, or nondisclosure. This means that you have many different avenues for recovering compensation in a defective product situation. Your lawyer can identify which theory of negligence to cite in your claim.
Most product liability actions involve one of the following claims:
- Design Defect — When the flaw with a product relates to its design, all users of the product are potentially at risk. For this reason, these types of cases often end up as class-action lawsuits or multidistrict litigation.
- Manufacturing Defect — If a product is flawed because of a mistake during the manufacturing process, the nature of the defect is limited to the single product or a batch of products. The dangers are not as widespread as those with design defects, but can still be extremely dangerous for the users who purchase them.
- Failure to Warn — Manufacturers and retailers may be liable for not warning consumers about potentially dangerous innocent uses of the product.
Some of the kinds of items most frequently involved in product liability actions include, but are not limited to: children’s toys, appliances, motor vehicle parts, pharmaceutical drugs, tires, medical devices, construction tools or equipment, car seats, and cosmetics.
Frequently Asked Questions About Defective/Dangerous Products
Product liability is a relatively niche area of the law that many people are unaware of. You therefore likely have many questions about your potential claim. We have included the answers to some of the questions we hear most frequently below.
Many product liability cases are resolved through settlements that ultimately cover all costs a victim has incurred or will incur. When a case goes to trial, the jury may award the victim compensatory damages, which are usually a combination of economic damages and noneconomic damages. Economic damages (such as medical expenses, lost wages, and property damages) are the actual costs that can be calculated and proven while noneconomic damages (such as pain and suffering, disfigurement, and loss of consortium) are much more subjective.
In a very limited number of cases, a jury may also award punitive damages. Tennessee Code § 29-39-104(1) establishes that punitive damages can only be awarded when a claimant proves by clear and convincing evidence that the defendant acted maliciously, intentionally, fraudulently, or recklessly. Punitive damages cannot exceed an amount equal to the greater of two times the total amount of compensatory damages awarded, or $500,000. This limitation does not apply to actions brought for damages or an injury in which a defendant: 1) intended to inflict serious physical injury, 2) intentionally concealed records to evade liability, 3) was under the influence of alcohol, drugs, or any other intoxicant or stimulant, and 4) was convicted of a felony as a result of their act or omission.
The United States Consumer Product Safety Commission reported approximately 240,000 toy-related injuries treated in emergency departments in 2016. The agency also received seven reports of toy-related deaths involving children younger than 12 years of age in 2016.
According to the agency, the 34 deaths associated with playground equipment between 2009 and 2014 were as a result of:
- Hangings or other asphyxiations (19)
- Second products (12)
- Head or neck impact injuries (8)
- Slide injuries (5)
- Swing injuries (5)
According to the CPSC, 62,300 emergency department-treated injuries were associated with nursery products among children younger than five years of age in 2016, with 284 deaths involving nursery products among the same age group between 2012 and 2014.
Between 2010 and 2013, there was an estimated average of 48 electrocution deaths associated with consumer products. From 2014 through 2016, the CPSC reported 30,700 people were treated every year in emergency departments for product instability or tip-over injuries (including 19,500 injuries associated with furniture, 1,100 injuries related to appliances, and 10,100 injuries related to televisions).
Contact a Johnson City Defective/Dangerous Products Attorney Today
Did you sustain a severe injury or was your loved one killed by a dangerous or defective product in the Greater Johnson City area? You will want to be sure to retain legal counsel for help holding the negligent party accountable.
Law Offices of Seaton & Bates, PLLC is not afraid to take on major companies, and we will fight to recover every dollar of compensation you are entitled. Call (423) 282-1041 or contact us online to set up a free consultation.