Category Archives: Products Liability
Horse And Equine Activity Accident Liability
In many parts of Tennessee, horses and horseback riding is a way of life. Horses help work farms, and the Tennessee economy by helping farmers work their fields. They provide transportation in areas that cars cannot go. They are competitive, with equestrian competitions, or polo meets, and provide tourism dollars to the state, as… Read More »
T.J. Maxx in Trouble For Selling Recalled Products
In product liability cases, everybody down the line from manufacturer to the company that sells you the defective product, can be liable for the injuries that the defective products cause. This is why retailers will often immediately pull products from their shelves when there is any indication that a product is defective or is… Read More »
Products Liability And The Misuse Defense
As a general rule, in product liability cases, manufacturers and retailers are strictly liable for the injuries that defective products that they make or sell may cause. That means that you don’t have to show they knew what they were making or selling was defective, or that they acted carelessly—so long as the product… Read More »
What Is A Subsequent Remedial Measure?
When a victim is injured because of a dangerous condition on someone’s property, they often will point out that shortly after their accident, the condition that caused the accident was fixed or repaired. Victims will often point to this, as being the “smoking gun” that the property was dangerous. After all, the business would… Read More »
Defective Ear Plugs Lead To Multi Million Dollar Verdicts
We trust products every day with our lives and our bodies—so many that we probably don’t give much thought to them. And although defective drugs and medications get a lot of news, medical devices also can go bad, and cause harm. One device maker, 3M, is learning that the hard way. Verdict Goes Against… Read More »
Amazon Again Found Liable For Defective Products That It Sells
For the second time in about the last year, a court has held that Amazon is liable for injuries caused by the products that it sells. This is in keeping with the doctrine of strict liability and products liability, which makes every company in the chain of manufacturing and distribution, potentially liable for injuries… Read More »
Alabama Family Files Lawsuit Against Tennessee Seller of Allegedly Defective ATV
Off-highway vehicles (OHVs) have come under increased scrutiny in recent years due to a number of safety defects. According to a February 2020 report from the Consumer Federation of America (CFA), there have been 110 OHV recalls in the past decade involving 19 different vehicle brands. But the most troubled brand by far is… Read More »
Does Tennessee Law Apply to Product Liability Claims Filed Against an Out-of-State Company?
Product liability lawsuits often involve companies that do business throughout the country. For example, you may live in Tennessee, but the defendant that sold you the defective product may be based in another state. But which state’s laws apply in the event of a product liability lawsuit? The answer to this question can depend… Read More »
Ikea Pays Record $46 Million Settlement to Family of Toddler Killed by Defective Dresser
When a consumer product is found to be dangerous or defective, the manufacturer has a legal and ethical responsibility to issue a recall. But a recall does little to protect those who never received notice, or persons who have already been injured due to some defect in the design or manufacture of the product…. Read More »
Calif. Judge Refuses to Order New Trial in Roundup Litigation
Earlier this year, a federal jury sitting in San Francisco federal court found Monsanto liable in a product liability alleging its popular weed-killer Roundup was a substantial factor in a California resident developing non-Hodgkin’s lymphoma, a form of cancer. The jury awarded the plaintiff $5 million in compensatory damages, plus another $75 in punitive… Read More »
