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Crossbow defect claimed in injury lawsuit


According to the US Fish and Wildlife Service, there were 13.7 million hunters over the age of 16 in 2011 and it can be safely assumed that many of those teens live here in Tennessee. When defective hunting products such as crossbows are sold to a mass market, a defective product attorney Tennessee knows that consumers of all ages may be left at risk for serious injury.

This occurred when an experienced hunter used his new Barnett Jackal Crossbow in December 2012 to prepare for a deer hunt. After the man released the drawstring on the crossbow, his thumb was sliced and he suffered a shattered thumb joint. While over 30 other victims have received serious injuries and filed claims over the hunting weapon, Barnett, the crossbow manufacturer, refuses to acknowledge the defective nature of its product.

What qualifies a claim for product liability?

Consumers filing a claim with a defective product attorney Tennessee should understand what it takes to prove product liability. According to Nolo.com, holding the manufacturer at fault for a product such as a crossbow defect generally requires that the claim fits into one of three categories: Manufacturer defect, design defect or failure to warn.

A manufacturer defect occurs during the manufacturing process of a product. The manufacturer may have used the wrong type of material or altered the design slightly. Design defect means the original design of the product is insufficient for safe consumer use. This may involve the shape of a cane which is unable to support a person's weight or a road design where a curve is too sharp for cars to move around safely. Unlike the previous two types, failure to warn is a unique product liability category in which insufficient warning labels lead to injury for consumers.

Extensive costs merit just compensation

The victim in the Barnett crossbow case estimates he has already spent over 8,000 dollars in medical expenses due to the injury he received after using the crossbow just one time. Because medical doctors say he still needs a thumb fuse, this hunter will continue to pay for an injury he could not have prevented.

A technical report put out by the US Consumer Product Safety Commission in 2005 shows that 86 percent of all sports equipment related injuries treated in the emergency room, including shooting sports, resulted from mechanical errors. With such high rates for mechanical malfunction, consumers should be aware of their legal right to compensation for product related injuries. Victims of similar liability cases should contact a defective product attorney Tennessee to see if their case qualifies for just compensation.

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