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Whether you suffered a personal or financial loss from property damage, a bodily injury or a breach of contract, you may have the makings of a personal injury lawsuit. Personal injury litigation intends to “make whole” the losses you've suffered from an injury. However, the person or organization who allegedly injured you have their rights, too, which could complicate your case and recovery.
If you've been injured in Knoxville, Memphis or Nashville, use LawInfo's Tennessee personal injury articles to learn about the laws surrounding your case and to find a qualified attorney.
Product liability (see Title 29, Chapter 28) is a special branch of personal injury litigation that focuses on the manufacturer's liability for a defective or unreasonably dangerous product. For instance, you may have a product liability case if a smartphone you recently purchased had a battery that overheated or exploded, causing you severe burns.
A product liability lawsuit can be based on any of three claims:
Product liability lawsuits carry a special statute of limitations that expires upon one of three conditions, depending on which one is met first. A Tennessee product liability lawsuit cannot be brought to court after:
A statute of limitations (see Title 28, Chapter 3) limits how much time after an injury occurs that a plaintiff has to pursue legal action against a defendant. Once the statute “runs out,” a lawsuit cannot be pursued. Tennessee's civil statute of limitations includes:
For most personal injury cases, a defendant's liability for compensating a plaintiff's injury is based on whether their actions were negligent. A defendant's negligence is measured as their failure to responsibly prevent foreseeable injury. Tennessee courts use many legal theories to prove negligence, among which are the four elements of negligence:
Injuries cost money, including time away from work, medical bills and other complications. You should have an attorney help you with your claim. Not sure if you have a good injury case? Speak to a local personal injury attorney about the merits of your case. This one step can help you protect your rights and take the proper next steps.