Hiring a Product Liability Attorney in Murfreesboro TN
If a person is hurt by a product defect, the resultant liability claim can be based on different legal doctrines. In this guide, readers will learn about the elements of common theories used in product liability lawsuits. Strict liability, warranty breach and negligence are some of those elements.
Several Theories Can Be Used in One Case
A person hurt by a defective product or inadequate warnings can use as many doctrines as are applicable to the lawsuit. Simply put, the person and the Law Office of Gritton & Gritton PLLC won’t have to guess which theory applies. However, even though strict liability is a replacement for negligence in product liability lawsuits, injured parties often don’t sue under both theories.
Elements of Proof in Strict Liability Cases
In strict liability cases, plaintiffs must prove that:
• Products were sold in a dangerous condition or without warnings
• A seller intended or expected that the product would reach the buyer without substantial changes
• That the plaintiff or their property was harmed by the product defect
Negligence-Based Cases
In cases based on negligence, plaintiffs must prove that the defendant owed them a duty of care and that the defendant’s behavior breached that duty, and the victim must prove that the breach was a proximate cause of their injuries and that an injury actually occurred.
Warranty Breaches
In product liability cases involving breaches of warranty, plaintiffs must prove that the product came with an implied or express warranty. The victim and their product liability Attorney in Murfreesboro TN must also prove that the product didn’t meet the warranty’s terms and that the failure to meet the terms caused an injury.
Fraud Cases
In product defect cases based on the theory of fraud, the victim should prove that the defendant made representations about the item and that the representations were false. The plaintiff must also prove that the defendant knew of the falsehood of the representations and that the misrepresentation caused the injury in question.
Those hurt by defective products can often file suit against the manufacturer of the product. By hiring a product liability attorney in Murfreesboro TN, an injury victim can get compensation for medical bills and lost wages, and they can get the legal advice needed to win their case.
