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.