Are Sellers of Defective Products Liable for Personal Injuries and Wrongful Death Caused by The Product?

Recent changes to Tennessee law substantially limit the liability of those who sell dangerous or defective products.

The manufacturer of the product is the one that is primarily responsible if a dangerous or defective product kills or injures a person.  The seller of the product is only responsible for the product if 

  • exercised substantial control over that aspect of the design, testing, manufacture, packaging or labeling of the product that caused harm;
  • altered or modified the product;
  • gave an express warranty about the product;
  • the manufacturer cannot be sued in Tennessee; or
  • the manufacturer has been judicially declared insolvent.

Thus, ordinarily you will not be able to look to your local retailer for damages if it sells you a product that causes you harm.  Instead, you will need to the entity that manufactured the product.

Do you have a potential case that involves serious injury or death from a product?  If so, call the product liability lawyers at the Law Offices of John Day for a free consultation.  The telephone numbers are 615.742.4880 and 866.812.8787 (toll free).  Or, fill out our Contact Form and we will call you.