Defective products injure people who used them exactly as intended. Wells & Associates recovered a $5.5 million settlement for a client seriously injured by a defective product.
Quick Answer
Claims for injuries caused by defective products are governed by the Tennessee Products Liability Act (Tenn. Code Ann. § 29-28-101 et seq.) and generally must be filed within one year of the injury under Tenn. Code Ann. § 28-3-104. Wells & Associates recovered a $5.5 million settlement for a client seriously injured by a defective product. Call 901-808-0000 for a free consultation. Past results do not guarantee future outcomes.
A product liability case begins with a simple fact: a person used a product the way it was meant to be used, and it hurt them anyway. A tool that failed, a vehicle component that broke, a machine without a guard, a household product that caught fire. Tennessee law says the companies that designed, made, and sold that product can be answerable for the harm.
Wells & Associates, PLLC represents injured consumers and workers across Memphis and Shelby County in defective product cases, including a recent $5.5 million settlement for a client seriously injured by a defective product. These are technical, expert-driven cases against well-funded corporate defendants, and the firm prepares each one for trial from day one.
The single most important thing an injured person can do is preserve the product. Do not repair it, return it, or throw it away: the product itself is the central piece of evidence, and engineers will examine it. Serious product injuries in this region are typically treated at Regional One Health, the area's Level I trauma center, and the medical record from that treatment anchors the damages case.
Product cases are filed in the Shelby County Circuit Court or in federal court, and larger defective drug and medical device claims often proceed as mass tort litigation alongside cases from around the country. Wells & Associates handles both individual defect cases and mass tort claims. You can read more about the firm's mass tort work on the personal injury practice page.
Product injury claims in Tennessee proceed under the Tennessee Products Liability Act, Tenn. Code Ann. § 29-28-101 et seq. The Act covers products that were defective or unreasonably dangerous when they left the manufacturer's control, whether the problem is a design flaw, a manufacturing error, or a missing warning.
Personal injury claims, including product cases, generally must be filed within one year under Tenn. Code Ann. § 28-3-104. Product cases also need early engineering inspection, so the effective window for building the case well is even shorter. Preserve the product and call promptly.
Manufacturers argue misuse: that the victim modified the product or ignored instructions. Under Tennessee's modified comparative fault rule you can still recover if you were less than 50 percent at fault, with the award reduced by your share. The product inspection usually settles who is right.
Some defective products, especially prescription drugs and implanted medical devices, injure people on a national scale. Those claims are typically consolidated into mass tort proceedings, where each injured person keeps an individual case while sharing discovery and expert work with thousands of others.
Wells & Associates evaluates Memphis-area clients for pending mass tort litigation and files individual Tennessee Products Liability Act cases where that serves the client better. If you believe a drug, device, or consumer product harmed you, the firm will review the case for free and explain both paths.
Product Defect
Settlement on behalf of a client seriously injured by a defective product.
Past results do not guarantee future outcomes. Each case is unique.
We take product liability cases on contingency. You pay nothing upfront and nothing at all if we do not win. We advance all costs and fees, so you can focus on recovery while we handle the legal fight.
Get Your Free Case Review →The Tennessee Products Liability Act, Tenn. Code Ann. § 29-28-101 et seq., is the statute that governs claims for injuries caused by defective or unreasonably dangerous products in Tennessee. It covers design defects, manufacturing defects, and failures to warn, and it applies to manufacturers and, in certain circumstances, sellers.
Personal injury claims, including defective product claims, generally must be filed within one year of the injury under Tenn. Code Ann. § 28-3-104. Because these cases require early expert inspection of the product, you should involve an attorney well before the deadline.
Keep it, exactly as it is. Do not repair it, return it to the store, or let anyone take it. The product is the single most important piece of evidence in the case, and our engineering experts will need to examine it. Photograph the scene and your injuries, and keep the packaging, manuals, and receipts if you have them.
Manufacturers routinely argue that the injured person misused the product. Under Tennessee's modified comparative fault rule, you can still recover as long as you were less than 50 percent at fault, with your recovery reduced by your percentage of fault. At 50 percent or more, recovery is barred.
A product liability case is an individual lawsuit over one defective product injuring one person. A mass tort consolidates many individual claims involving the same product, most often prescription drugs and medical devices, so plaintiffs share discovery and expert work. Wells & Associates handles both and will recommend the path that fits your case.
Nothing upfront. Product liability and mass tort cases are handled on contingency: Wells & Associates advances all costs, including engineering experts, and you owe no attorney fee unless the firm recovers for you. Consultations are free at 901-808-0000.
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