Tennessee Product Liability Lawyer

A product liability case in Tennessee rarely turns on the person who got hurt. It turns on the object: the tire, the harness, the space heater, the hot tub, the medication, and the chain of companies that designed it, built it, shipped it, and sold it. Tennessee product liability work starts with finding that chain and getting the physical evidence into safe hands before anyone alters it. Fox, Farley, Willis & Burnette represents people injured by dangerous and defective products and families who have lost someone to one, serving clients across East Tennessee and throughout the state.

The hard part of these cases is that the proof is often sitting in a garage, a rental cabin, or a repair shop, and it can be thrown away, repaired, or “fixed” in a single afternoon. A harness that failed on a job site, a heater pulled out of a cabin after a carbon monoxide scare, a tire from a wrecked truck: each one is the case. Manufacturers and their insurers know that, and they move quickly. Our attorneys move quickly too.

Tennessee’s one-year injury deadline applies to most of these claims, which makes product cases less forgiving than many people expect. A defect that takes months of testing to prove still has to be filed in time, so the investigation and the clock run side by side from day one.

Why Choose Fox, Farley, Willis & Burnette for a Defective Product Claim

Fox, Farley, Willis & Burnette is a Tennessee injury firm whose attorneys bring more than 170 years of combined experience to serious injury and wrongful death cases, and the firm has recovered over $100 million for clients. Product cases are the kind of work where that depth shows. One of the firm’s results was $1.5 million for a roofer who suffered a traumatic brain injury in Knox County when his safety harness failed, which is a safety-equipment failure case at its core. The firm also secured $3.4 million for the family of a man killed in a Morgan County collision with a construction company driver and $2.3 million for a Knox County motorcyclist who lost his leg. Every case is different, and past results do not guarantee a similar outcome.

Two of the firm’s partners spent the early years of their careers defending insurance companies, trucking companies, and businesses before moving to the plaintiff’s side. In a defect case, that matters. Manufacturers defend these claims with engineers, testing labs, and a well-rehearsed playbook, and lawyers who have seen how claims are evaluated from the other table know where that playbook is weakest.

Bruce D. Fox, co-founder, has tried more than 125 jury trials in state and federal court, is a member of the American Board of Trial Advocates, and is a past president of the Tennessee Trial Lawyers Association, which gave him its Lifetime Achievement Award in 2025. Partner Brad C. Burnette holds an AV Preeminent rating from Martindale-Hubbell, serves on the association’s Board of Governors, and is a Keenan Trial Institute graduate. Partner John Willis also serves on that board and has tried cases from the Tri-Cities to Chattanooga. Trial attorney Michael C. Beehan is fluent in Spanish, and the firm welcomes Spanish-speaking clients: hablamos español.

There are no attorney fees in a personal injury case unless the firm recovers compensation for you, and every consultation is free. If your injuries make travel hard, the firm can meet you at home or in the hospital.

The Kinds of Defective Product Cases We Take On

• Failed Safety Equipment on the Job: Harnesses, lanyards, ladders, guards, and lifts that break or malfunction injure construction workers, roofers, and tradespeople. Workers’ compensation generally covers an injury against the employer, but a claim against the manufacturer of the failed equipment is a third-party case that can include pain and suffering and lost earning capacity.
• Carbon Monoxide and Gas Appliance Failures: Furnaces, water heaters, gas fireplaces, and generators in rental cabins and homes can fail or be installed badly. Liability may reach the manufacturer, an installer, a maintenance contractor, or the maker of a detector that did not work.
• Hot Tub and Spa Defects: Faulty drain covers that cause entrapment, electrical faults, and equipment that invites bacterial growth turn a vacation amenity into a hazard, particularly in Sevier County cabins and resorts.
• Vehicle Defects and Tire Failures: Tire tread separations, brake and steering failures, airbag problems, and roof or seat-belt weaknesses can turn an ordinary crash into a catastrophic one. These cases often run alongside a claim against a negligent driver.
• Amusement and Recreation Equipment: Ride components, restraints, rafting gear, and outdoor equipment used in the Smoky Mountains tourism corridor can fail on people who have no way to inspect them.
• Dangerous Consumer Goods: Space heaters, batteries, appliances, power tools, and children’s products that overheat, ignite, or break apart cause burns, amputations, and fatal fires.
• Defective Motorcycle and Cycling Components: Helmets, frames, forks, and wheels that fail under normal use leave riders with injuries that look like crash injuries but have a different cause.

What to Do After a Product Injury in Tennessee

Keep the product. That is the first and most important instruction, and it applies even when the product looks ruined. Do not repair it, return it, clean it, or let a landlord, cabin manager, or employer discard it. Put it in a bag or box, note where it was, and keep the packaging, manuals, receipts, and any instructions. If you cannot keep it because it is part of a rental property or a job site, tell us right away so a written preservation demand can go out.

Photograph the product from every side, the scene, and your injuries before anything changes. Write down the model, brand, serial or lot numbers, and where and when it was bought or used. Get medical care and follow the treatment plan; records created close to the event are the backbone of the damages case. If emergency responders, police, or a fire department came to the scene, ask how to get their report, because those records often capture the condition of the product before it was touched.

Do not give a recorded statement to the manufacturer’s insurer or accept a quick check. Early offers tend to arrive before the full medical picture exists, and signing a release closes the case for good. Be careful with social media, too; insurers read it.

Then watch the calendar. Most Tennessee injury suits must be filed within one year of the injury. That period can stretch to two years in limited situations, such as when criminal charges are brought against the person who caused the injury and the injured person sues that person, which will not fit most product cases. If the injured person was under 18 at the time, the clock is paused until the 18th birthday. Claims against a government entity run on their own, shorter-fuse rules, and property damage has a separate three-year deadline. For a wrongful death, the one-year period is measured from the date of the injury, not the date of death. Because product cases often need expert testing, the safe course is to call a lawyer long before the deadline is close.

Product cases in East Tennessee are usually filed in the circuit court of the county where the injury happened or where a defendant does business, such as the Knox County Circuit Court in Knoxville. A case involving an out-of-state manufacturer, or parties from different states, can land in the United States District Court for the Eastern District of Tennessee, whose Northern Division sits in Knoxville and covers counties including Knox, Blount, Sevier, Anderson, Campbell, Roane, and Morgan. Appeals from Tennessee’s federal trial courts go to the Sixth Circuit Court of Appeals.

How Fault and Damages Work When a Product Fails

A defect claim generally asks a jury to find that the product was unreasonably dangerous because of how it was made, how it was designed, or what the maker failed to warn about. Different companies can share responsibility: the manufacturer, a parts supplier, a distributor, a retailer, an installer, or a property owner who kept using equipment they knew was bad. Part of the work is naming every party who belongs in the case, because Tennessee has abolished joint and several liability in most negligence cases, and fault can be assigned to parties who are not even in the lawsuit. A defendant you leave out can still have a share of the blame placed on an empty chair.

That is where comparative fault comes in. Tennessee uses a modified comparative fault rule, so you can recover only if you are less than 50 percent at fault, and your award is reduced by your percentage. Manufacturers lean on this hard, arguing that the user misused the product, ignored a warning, or failed to maintain it. A thorough investigation, including independent testing of the product itself, is how those arguments get answered.

On damages, economic losses such as medical bills, lost income, and future care are not capped in Tennessee. Noneconomic damages, meaning pain, suffering, and loss of enjoyment of life, are generally limited to $750,000, rising to $1 million for a defined catastrophic loss or injury. Catastrophic loss includes spinal cord injury resulting in paraplegia or quadriplegia, amputation of both hands, both feet, or one of each, third-degree burns over 40 percent of the body or face, and the wrongful death of a parent of minor children. Whether a catastrophic loss exists is decided by the jury through a special verdict, and the cap itself is applied by the judge afterward, not disclosed to the jury. The cap can be lifted in narrow situations, including intentional injury, intoxication, destroyed evidence, or a related felony conviction. Punitive damages, when a defendant’s conduct is bad enough to support them, are limited to the greater of two times compensatory damages or $500,000.

When a product kills someone, the wrongful death claim belongs first to the surviving spouse, then to the children or next of kin, or it can be brought by the personal representative. Families can recover lost income, medical and funeral expenses, and the value of the life that was taken.

Tennessee Product Liability Questions, Answered

Do I have to prove the company was careless?

Not always in the way people expect. The focus is on whether the product was unreasonably dangerous because of a manufacturing flaw, a design problem, or inadequate warnings. Proving that usually takes engineering analysis of the actual product, which is why preserving it matters so much.

How long do I have to file a product liability lawsuit in Tennessee?

Most Tennessee injury claims, including product injuries, must be filed within one year of the injury. A wrongful death claim is measured from the date of the injury, not the date of death. Minors get extra time, but the clock starts running when they turn 18. Call early; building a defect case takes time.

What if I already threw the product away?

Tell your lawyer right away. Photographs, purchase records, the store or manufacturer’s records, other units from the same lot, and testimony can sometimes fill the gap. But a lost product makes the case harder, and the other side will argue the evidence is missing.

Can I recover if I was partly at fault for the injury?

Yes, as long as you are less than 50 percent at fault. Your recovery is reduced by your percentage of fault, and you recover nothing if you are 50 percent or more responsible. Manufacturers often argue misuse, so how the product was actually used is investigated carefully.

I was hurt by a product on the job. Can I sue the manufacturer?

Often, yes. Workers’ compensation is generally your only remedy against your own employer, but a claim against the maker of defective machinery or safety equipment is a third-party case. It can include damages workers’ compensation does not pay, though the employer or its insurer usually has a right to be repaid from the recovery for benefits already paid.

Who can be sued when a rental cabin appliance leaks carbon monoxide?

Depending on the facts, the cabin owner, a rental management company, a maintenance or HVAC contractor, or the manufacturer of a defective appliance or detector may be responsible. These cases depend on preserving the equipment and the inspection and maintenance records quickly.

Is there a limit on what I can recover for pain and suffering?

Generally yes. Noneconomic damages are capped at $750,000, or $1 million for a catastrophic loss or injury as defined by statute. Medical bills, lost wages, and other economic losses are not capped. The cap is applied by the court after a verdict, and exceptions exist for things like intentional harm or destroyed evidence.

I live out of state but was hurt by a product while visiting Gatlinburg or Pigeon Forge. Can you still help?

Yes. The firm represents visitors injured in Sevier County and across Tennessee, handling the investigation, insurance negotiations, and court filings here while keeping you updated by phone and email from home.

Will it matter if the manufacturer is based in another state or country?

It can. Out-of-state defendants sometimes try to move a case to federal court, and a foreign manufacturer raises service and enforcement issues. Identifying a domestic distributor or retailer can keep the case on track. Which company to name, and where to file, is a decision to make early.

How much does it cost to hire the firm for a product case?

You pay nothing up front. The firm works on a contingency fee, so there are no attorney fees unless compensation is recovered, and the first consultation is free.

Do product cases usually settle or go to trial?

Many settle, but manufacturers tend to settle at a fair number only when they see a lawyer ready to try the case. The firm’s trial lawyers prepare every case as if it will go before a jury, because that preparation is what moves the other side.

Defective Product Representation Across East Tennessee and Beyond

Product injuries happen wherever people work, drive, rent, and play, and the firm’s reach follows. Our attorneys represent injured people from Knox County, including Knoxville and the communities around it, and from Blount County, including Maryville. In Sevier County, the firm handles cases from Sevierville, Gatlinburg, and Pigeon Forge, where visitors hurt by cabin appliances, hot tubs, attractions, and rental equipment far from home are a regular part of the work.

Roots in Anderson County run deep, and the firm serves Clinton and its neighbors, along with Campbell County, including LaFollette. The firm has also represented clients in Roane, Claiborne, Morgan, Jefferson, and Monroe counties, and has taken cases from Johnson City, Nashville, and Memphis. For people anywhere else in Tennessee, the firm can review a case, explain the options, and travel to you when injuries make it hard to come to us.

Talk With a Tennessee Product Liability Attorney Today

If a product injured you or took someone you love, the most useful thing you can do is call before the evidence changes hands. A Tennessee product liability attorney at Fox, Farley, Willis & Burnette can tell you what you have, what has to be preserved right now, and how the one-year deadline affects your options. The consultation is free, there is no fee unless we recover compensation for you, and we can come to you at home or in the hospital. Call today and let us start protecting the evidence.