According to recent statistics, the number of product defect claims filed each year is on the rise in the United States. With almost 6,000 product liability cases filed in 2022 alone, it’s fair to say that far too many Americans know firsthand just how much harm can be caused by defective products.

While product liability claims can give injured consumers vital recourse to pursue both compensation and accountability, there are strict timelines associated with these kinds of cases under Tennessee law. Here’s a brief overview of the product defect statute of limitations in Tennessee and an explanation of how an experienced personal injury attorney can help clients improve their chances of success when pursuing a product liability claim.

What is a product liability claim?

Under product liability law, manufacturers, distributors, and retailers are responsible for ensuring the products they sell are safe to use. When a product causes harm to a consumer, however, the injured party is often within their rights to file a claim for compensation against the party or parties responsible.

Product liability cases can involve negligence, but these cases commonly fall under the doctrine of strict liability, which means a manufacturer or distributor can be held liable even if they had no knowledge of the defect. Product defect cases generally fall into one of the following categories:

• Design defects: If the design of a product in and of itself renders it unsafe, the designer or manufacturer can be held liable for any harm the product might cause.
• Manufacturing defects: If a product’s design is safe but an error during production puts consumers at risk, the manufacturer may be considered liable for resulting injuries.
• Failure to warn: If a product does not feature sufficient instructions or warning labels, a consumer may have the basis for a product liability claim in the event of an injury.

In order to file a successful product liability claim, injured parties must be able to prove by a preponderance of the evidence that the product was defective or otherwise unreasonably dangerous from the moment it left the manufacturer or retailer and that the defective product directly caused them some kind of injury. If these conditions are met, injured consumers may be within their rights to pursue compensation from the responsible party or parties.

What is the product defect statute of limitations?

In Tennessee, the statute of limitations for product liability claims differs from the statute associated with other personal injury cases. Under Tennessee law, personal injury claims typically must be brought within one year of the date of injury. A similar statute (Tennessee Code § 29-28-103) applies in product liability claims, with a couple of exceptions:

1. Product liability claims must be filed within one year of the injury or discovery of the injury. However, under the Tennessee Products Liability Act (§ 29-28-103), no product liability action may be brought more than six years after the date of injury, even if the injury was not discovered until later. That means, if you were injured seven years ago, you will likely be barred from filing a claim.
2. Product liability claims must be brought within 10 years of the date the product was first purchased for use or consumption or one year after the expiration of the anticipated life of the product, whichever is shorter. In practice, this means if you are injured by an appliance you purchased 15 years ago, you will likely have missed your window to file a claim.
3. If a victim was a minor at the time of their injury, they generally have up to 1 year after their 18th birthday to file a claim.

State law does enumerate a handful of other exceptions for specific products, but most product liability claims will be subject to the limitations outlined above. Failing to file a claim within these established time periods could result in your case being dismissed, regardless of how strong you think your argument is or how serious your injuries were. That’s why it’s so important to work with a trusted product liability lawyer who can help you understand the applicable statutes in your case and ensure you don’t miss any critical deadlines.

How dangerous are defective products?

Defective products can cause serious injuries to consumers of all ages. In fact, over 15 million people were treated in emergency departments for product-related injuries in 2024. The harm caused by defective products can range significantly in severity and duration and pose a variety of challenges for victims and their loved ones.

Some injuries commonly associated with product liability claims include:

• Burns
• Chemical exposure
• Broken bones/fractures
• Traumatic brain injury (TBI)
• Choking/suffocation
• Lacerations
• Electrocution
• Eye injuries

Any and all of these injuries can cause lasting harm to consumers of all backgrounds and abilities. In addition to the physical pain associated with product defect injuries, many victims also suffer substantial personal, professional and financial losses in the aftermath of a product-related accident.

What damages are available in product defect claims?

Given the substantial harm posed by many product defect injuries, it should come as no surprise that many injured victims find themselves saddled with mounting costs and compounding losses. Serious accidents and injuries often cause a ripple effect in a victim’s life, leaving them struggling to return to their normal routines while attempting to handle the financial fallout.

Product liability claims can subsequently play a vital role in helping an injured victim recover the compensation they need to cover their losses. Many plaintiffs in these cases choose to pursue claims for a variety of economic and non-economic damages, including:

• Medical bills
• Hospital stays
• Lost wages
• Reduced capacity to work
• Pain and suffering
• Emotional distress
• Property damage

The courts may also assign punitive damages in extreme cases involving egregious misconduct or malicious intent. Under Tennessee law, there is no cap on economic damages like medical expenses and lost wages, but non-economic damages like emotional distress are typically capped at $750,000. Punitive damages are generally capped at twice the amount of compensatory damages or $500,000, whichever is greater, subject to statutory exceptions.

Your product liability attorney can help you put these caps in perspective while determining the target value of your claim and work with you to build the strongest possible case for compensation.

Have you been injured by a defective product?

If you suffered a serious injury that you believe was caused by a defective or inherently dangerous product, there are a few steps you should take right away:

1. Seek medical attention: Prompt medical care will not only protect and preserve your health but will also provide a comprehensive record of your injuries that proves vital in a future claim.
2. Keep the product: It is important that you refrain from disposing of or tampering with the defective product in order to preserve the integrity of the evidence. If you believe the item puts you at immediate and ongoing risk, you should contact emergency services and follow any instructions they give you about how to protect yourself from further harm.
3. Document everything: Take photos or videos of the defective product as well as any damage or injuries it may have caused. You should also save receipts, packaging, medical bills, and records of any communication you might have with the manufacturer or seller.
4. Contact an attorney: Due to Tennessee’s short statute of limitations, time is of the essence for you to contact a product liability lawyer and begin building your case. The sooner you can schedule a consultation, the less likely you are to miss important deadlines or fall short of other filing requirements.

Tennessee’s strict statute of limitations for product defect claims makes it all the more vital for injured victims to act swiftly and carefully in the wake of a product-related incident. Getting in touch with an attorney as soon as you are able to do so is one of the best things you can do from the jump to protect the integrity of your claim.

At Delius & McKenzie, PLLC, we understand the potentially life-altering harm defective products can cause. That’s why we are firmly committed to helping consumers in Sevier County and the surrounding areas fight for justice in the wake of a product-related accident.

If you or a loved one has been harmed by a defective product in Tennessee, don’t let time run out. Give us a call today or fill out our online contact form to schedule a free consultation with a member of our team and get the ball rolling on your product liability claim.