Tennessee Drivers Still Vulnerable in Airbag Recall
A massive recall of airbags in 42 million vehicles in the United States could still impact some drivers. The National Highway Traffic Safety Administration says that 400,000 recalled airbags are still in vehicles in Tennessee alone. These airbags have caused multiple injuries and deaths to drivers and represent a real threat to those who have yet to have the recall work completed.
Who is Responsible?
Generally, manufacturers are responsible for their products and are therefore the responsible party when a product injures a consumer. However, in some cases, a distributor or retailer could be held responsible. When any product causes harm to you, as the consumer, you may have legal recourse. However, you will have to prove that it truly is the manufacturer’s fault by demonstrating that:
- The product was unreasonably dangerous when used as intended
- The product was defective at the time it was sent from the manufacturer
- The product has not been modified at any point after being shipped by the manufacturer
- You utilized the product as intended and obeyed all instructions and warnings
This proof is required to ensure that manufacturers are not unjustly sued. In order to help prove that the product failed, keep the product in the exact condition it was in at the time of the injury. If it is dangerous to keep the product, maintain photo or video evidence of the product’s condition.
Tennessee law requires that your suit be filed within one year of the injury or death resulting from the defective or dangerous product. However, there are some notable limits and exceptions to this law.
- If you were unaware of your injury or that the product was the cause of it, you can file after the one-year mark has passed, but you must file within six years of the initial injury.
- Lawsuits must be filed within ten years of purchase, so injuries after that time may not be eligible for suit.
- If the product has an expiration date required by law, the case must be filed within one year of the expiration.
- If a child under the age of 18 is injured, then the suit must be filed within one year of the child’s eighteenth birthday.
It can be complicated to know whether or not the statute of limitations in your case has expired. The best way to find out for certain is to contact an attorney as soon as you become aware of the injury.
Your interest in a product liability claim likely stems from the financial burden created by the injury or death caused by the product. A personal injury suit can help you to recover damages stemming from the product, such as:
- Medical expenses, including future expenses
- Physical pain and suffering
- Lost wages
- Disfigurement or disability
Your attorney will work with you to help prove your expenses, which will be essential to winning the compensation you need.
Contact an Attorney
Product liability claims can be difficult to understand, but an experienced Nashville personal injury attorney can help you through the process. Contact the attorneys at Calhoun Law, PLC today to schedule a consultation.