I bought a blender at a local retail store. The first time I used it the glass container exploded and sent glass all over my kitchen, and into my arm, face and chest. I told the store and they said they would give me a new one. I don’t want a new blender – I want my medical bills paid and I want plastic surgery to reduce the severity of the scars on my face. Can I sue the store?
Maybe. First, it makes a difference whether you were injured before October 1, 2011. If you were injured before that date, you may be able to assert a claim for breach of warranty against the store that sold you the blender.
If you were injured on or after October 1, 2011, you can’t sue the store unless (a) the store damaged the blender and caused the problem; (b) the manufacturer has been declared insolvent or (c) the manufacturer cannot be sued in Tennessee. As you can see, the new law makes it harder for Tennessee consumers to sue retailers who sell defective or unreasonably dangerous products.
You need to consult a Tennessee products liability lawyer as soon as possible. Any lawsuit you wish to file must be filed before the one year anniversary of your injury.