Category Archives: Products Liability
What Parents Need to Know About Toy Safety
All parents want to protect their children from the potential harms posed by dangerous and defective products. This includes children’s toys. While the federal government does enforce certain toy safety standards, these rules often do not go far enough. In many cases it is up to outside advocacy groups and victims filing personal injury… Read More »
Federal Regulators Announce Stricter Car Safety Ratings
More than 32,000 people die every year in car accidents, according to statistics from the National Highway Traffic Safety Administration. And in the first six months of 2015, the NHTSA noted a “troubling increase” of more than 8% in fatalities over those reported the previous year. U.S. Transportation Secretary Anthony Foxx, who oversees the… Read More »
How Industry Standards Apply to Product Liability Cases
There are many ways to prove negligence in a product liability case. For instance, a manufacturer can be held liable for “negligent design,” where there is a defect inherent in the property’s design. This does not mean, however, a product must be 100 percent safe or incapable of injuring someone. Rather, Tennessee courts look… Read More »
Preserving Evidence in a Product Liability Case
Many car accidents are the result of defects in the manufacturing of a vehicle or one of its components, such as a tire. Tennessee law allows a victim to sue the manufacturer—and in some cases, the seller—of a defective product. But it is essential to follow the law in bringing a product liability claim,… Read More »
Should My Personal Injury Case Be Heard in Federal or State Court?
It is not uncommon for a defendant in a product liability or other personal injury lawsuit to prefer federal over state courts. Although the substantive law of Tennessee governs such cases regardless of venue, federal courts apply different procedural rules which often prove more favorable to defendants. That is why, if you are a… Read More »
Volvo Faces Trial in Nashville Over Defective Wiring in Truck
Defective products cause thousands of injuries to consumers every year. Product liability is an especially serious concern when dealing with motor vehicles, as even small defects can lead to car accidents. While manufacturers attempt to correct defects through the government-supervised recall system, that is often not sufficient to prevent potentially deadly accidents. Recall Not… Read More »
Multiple Tennessee Lawsuits Filed Over Volkswagen Emissions Scandal
When we typically think about a car manufacturer’s product liability, it is in the context of a design flaw that leads to accidents, injuries, and sometimes death. But as the recent scandal surrounding German car manufacturer Volkswagen illustrates, an intentional defect may injure a customer financially, if not physically. Courts in Tennessee and throughout… Read More »
Massive GM Fine May Mean Little for Accident Victims
Many Tennessee car accidents are the result of manufacturing defects in the vehicles themselves. A single defective part may cause an automobile to crash, killing or seriously injuring its passengers. Although federal and state regulators may subsequently punish a manufacturer for marketing a defective vehicle, the actual victims must often pursue their own litigation… Read More »
NHTSA Fines Motorcycle Manufacturer for Failing to Follow Safety Recall Rules
Thousands of people die every year in motorcycle accidents. While driver negligence is the most frequent cause of a motorcycle wreck, it is important not to overlook potential safety defects in the vehicles themselves. One major U.S. motorcycle manufacturer recently paid a multi-million dollar fine after admitting it failed to follow federal rules in… Read More »
How “Consumer Expectations” Can Determine Product Liability
In product liability cases, the Tennessee Supreme Court has said a plaintiff may use the “consumer expectation test” to prove a product is “in a defective condition or unreasonably dangerous.” The consumer expectation test means a plaintiff must present evidence “that the product was dangerous to an extent beyond that which would be contemplated… Read More »
