Martresa Scruggs v. Wal-Mart, Inc., et al.

Chattanooga, Tennessee personal injury lawyer represented the Plaintiff who sued the Defendant on a product liability negligence theory.



Tennessee Product Liability Law



Duty of care: Manufacturers and sellers in Tennessee have a legal duty to provide products that are safe for their intended use and free from defects. This includes:



Designing and manufacturing products without flaws that could cause harm.

Adequately testing and inspecting products before releasing them to the market.

Providing clear and accurate warnings and instructions for safe use.



Types of defects:



Design defects: Inherent flaws in the product's design that make it unsafe, even when used as intended.

Manufacturing defects: Errors made during the production process that result in a faulty product.

Marketing defects: Inadequate warnings or instructions that fail to inform consumers about potential hazards.



Breach of duty: You must demonstrate the manufacturer or seller breached their duty of care by:



The product was defective at the time it left the manufacturer's control.

The defect caused your injury.

You were using the product as intended or in a reasonably foreseeable way.



Strict liability: Tennessee follows a strict liability rule in product liability cases. This means the manufacturer or seller can be held liable for injuries caused by a defective product even if they were not negligent.



Defenses: Manufacturers and sellers may raise certain defenses to avoid liability, such as:



Misuse of the product by the consumer.

Alteration of the product after it left the manufacturer's control.

Unforeseeable intervening cause of the injury.

Assumption of the risk by the consumer.



Damages: If successful, you may be entitled to compensation for:



Medical expenses

Lost wages

Pain and suffering

Property damage

Punitive damages in certain cases



Unique aspects of Tennessee law:



Comparative negligence: Tennessee follows a modified comparative negligence system. This means your recoverable damages may be reduced by your percentage of fault, but not if you're more than 50% at fault.

Statute of limitations: You generally have three years from the date of your injury to file a product liability lawsuit in Tennessee.



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Settled for an undisclosed sum and dismissed with prejudice.