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When a Defective Product Causes Injury: How Product Liability Claims Work
While many don’t immediately connect product liability with family law, the reality is that the financial consequences of such injuries can severely impact household stability, obligations like child support, and overall family well-being.
At Middle Tennessee Family Law, we often represent clients in family law matters, but we're also well-versed in cases involving personal injury. One issue that often overlaps with family hardship is when a defective product causes serious injury to a loved one.
That’s why we believe it’s important to understand how product liability claims work under Tennessee law and how you can seek justice if you’ve been hurt due to a defective product.
Product Liability in Tennessee
Product liability refers to the legal responsibility that manufacturers, distributors, and retailers have when a product causes injury due to defects. Tennessee law allows injured parties to file claims under strict liability, negligence, or breach of warranty.
What sets Tennessee apart is its adherence to the Tennessee Products Liability Act, which governs these claims.
This statute allows victims to hold any entity involved in the chain of distribution responsible for injuries, as long as the product was sold in a defective condition that was unreasonably dangerous to the user or consumer.
It’s not necessary to prove that the manufacturer acted with ill intent or was reckless. Rather, it must be shown that the product was defective and that the defect directly caused the injury. This is crucial for families struggling financially, especially when child support obligations remain in place during recovery.
Types of Product Defects
Under Tennessee law, there are three primary types of defects that may serve as the basis for a product liability claim:
1. Design Defects: These involve flaws in the way a product was planned or intended to function. Even if manufactured correctly, the product is inherently dangerous due to its design.
2. Manufacturing Defects: These occur during the production process. A product may be designed safely, but errors in assembly or the use of substandard materials can render it dangerous.
3. Marketing Defects: Sometimes called “failure to warn” defects, these involve inadequate instructions or warnings that could prevent misuse or injury.
Each type of defect can have a profound impact on an individual’s ability to work, care for children, and meet child support obligations. When a household loses income due to injury, it becomes essential to pursue legal compensation.
Who Can Be Held Liable?
In Tennessee, anyone involved in the distribution chain can potentially be held liable for a defective product. This includes:
Product manufacturers
Component part suppliers
Wholesalers
Retail stores
If a parent required to pay child support becomes disabled due to a defective product, filing a successful product liability claim can be crucial not only for recovery but also for continued compliance with child support orders.
Establishing Liability in a Product Injury Case
To win a product liability claim in Tennessee, several key elements must be proven:
The product was defective and unreasonably dangerous at the time it left the manufacturer's or seller’s control.
The defect was the direct cause of injury.
The product was used as intended or in a reasonably foreseeable way.
Evidence plays a significant part in these claims. It may include medical records, product testing results, expert testimony, and proof of purchase. All of this contributes to establishing that the defect, not user error, caused the injury.
Tennessee’s Statute of Limitations for Product Liability
Under Tennessee law, individuals must file a product liability claim within one year from the date of injury. This is shorter than in many other states, which makes timing crucial. There is also a ten-year statute of repose, meaning that you cannot bring a claim more than ten years after the product was first purchased—even if the injury happens later.
Families relying on child support payments can’t afford to miss these deadlines. If an injury interferes with a parent’s ability to provide, pursuing the claim quickly may be the only way to prevent additional legal and financial hardship.
How Injuries from Defective Products Affect Child Support
When a parent is injured and unable to work, their ability to pay child support is often impacted. Tennessee law permits a party to request a modification of child support if there has been a significant change in circumstances, such as loss of income due to a serious injury. However, courts aren’t quick to relieve a parent from this obligation without substantial proof.
At the same time, the injured parent may need to rely on product liability compensation to make up for lost wages. In these situations, the outcome of a product liability claim may directly affect whether child support continues uninterrupted or must be modified.
Conversely, a custodial parent whose child is harmed by a defective product may need funds to cover medical care while maintaining stability in the home. In both cases, child support and product liability claims can intersect in meaningful and stressful ways.
Key Steps in Filing a Product Liability Claim in Tennessee
Seek immediate medical treatment for any injuries and retain all related documentation.
Preserve the defective product and avoid tampering with it.
Gather receipts, warranties, or other proof of purchase.
Document the injury’s impact on your daily life, including employment, caregiving, and financial obligations such as child support.
Consult an attorney familiar with both personal injury and child support implications to assess your options.
File a claim within the one-year limitation period.
Work with experts to evaluate and testify about the product’s defect.
Negotiate with insurance companies or prepare for trial if necessary.
Every one of these steps is critical, especially when child support is on the line. Medical bills, lost income, and missed support payments can pile up quickly, making legal recourse the only viable path forward.
Common Examples of Defective Products
Tennessee residents encounter defective products in everyday life. Examples that have led to serious injuries include:
Faulty automobile airbags that fail to deploy
Children’s toys made with toxic materials
Prescription medications with undisclosed side effects
Kitchen appliances are prone to catching fire
Power tools with inadequate safety guards
Each of these can cause serious injuries, sometimes requiring long-term care. When a parent is injured by one of these products, their child support obligations do not simply disappear, which is why timely legal action becomes so vital.
Defenses Used by Manufacturers
In Tennessee product liability cases, manufacturers often try to defend themselves by claiming:
The product was altered after it left their control
The plaintiff misused the product
The injury resulted from another cause unrelated to the defect
The product complied with regulatory standards at the time of production
These defenses, while common, do not always hold up in court. Nonetheless, it’s critical to prepare for them. Injured parents or custodial guardians cannot rely on child support to cover every expense after a serious injury. That’s why it’s important to pursue a claim with an understanding of these tactics.
Compensation Available to Injured Consumers
Victims of defective products may be entitled to compensation for:
Medical expenses (past and future)
Lost wages or loss of earning capacity
Pain and suffering
Emotional distress
Loss of consortium (for spouses)
Punitive damages (in some cases)
For parents, these damages can make the difference between meeting child support obligations or facing legal consequences. For custodial guardians, the money may allow continued care for the child without disruption. These financial awards aren’t simply about restitution—they’re about preserving family stability when a defective product threatens it.
When a Child Is Injured by a Defective Product
If a minor is harmed by a defective product, the implications extend beyond physical injury. The custodial parent may miss work to care for the child, incurring financial strain. This is where product liability compensation becomes particularly important. It can help parents provide necessary treatment, manage child support payments, and avoid additional court involvement.
Under Tennessee law, a guardian can bring a lawsuit on behalf of the injured child, and any settlement typically requires court approval to confirm it serves the child’s best interests.
Working with Legal Professionals Who Understand the Stakes
At Middle Tennessee Family Law, we know how a defective product injury can cause a domino effect in a family’s life. Whether the injury affects the paying parent’s income or the custodial parent’s expenses, child support issues are never far behind.
Pursuing a product liability claim is often the only way to regain financial footing and keep family obligations intact.
We approach these matters with the understanding that legal action is not just about compensation—it’s about making sure children continue to receive the support they need, even after unexpected hardships.
Committed Legal Advocacy
Our experienced family law attorney, Tiffany Johns, is committed to helping you pursue justice and protect your family, no matter how challenging the situation may seem. We’re proud to serve Franklin, Tennessee, and the surrounding areas. Call today.