What do you need to prove in a product liability case? | Bart Durham Injury Law

What do you need to prove in a product liability case?

When people are harmed through the use of a defective product, they may choose to sue the manufacturers, suppliers and distributors responsible for bringing those dangerous items to market. If such a claim is brought in Tennessee, plaintiffs (the injured parties) must prove that the products were defective and that the defendants were responsible for them.

The Legal Information Institute explains that product liability is generally treated as a strict liability offense. This means that plaintiffs do not usually need to provide proof regarding defendants’ intentions, as the products’ defects speak for themselves. If a defect exists, one or more business entities can be held accountable for the injuries it caused. The strict liability standard is used in these cases because of the inherent dangers that consumers are exposed to when defective products are put on the market.

In addition to showing that a defect exists, plaintiffs must also identify the manufacturers, suppliers and/or distributors that were ultimately responsible for creating dangerous products and allowing consumers to access them. Linking defendants to defects is vital to a successful product liability claim.

FindLaw notes that defendants may try to shift the responsibility for injuries onto plaintiffs. For example, defendants may claim that the product was changed by the plaintiff, and that it was in fact this alteration that caused an injury. In such situations, plaintiffs may need to show that they used the products as they were intended, or that their alterations were reasonably foreseeable by the defendants.

The information provided is for general purposes only, and should not be considered legal advice.

No Comments

Leave a comment
Comment Information
Bart Durham Injury Law

You Deserve To Be Paid For What You've Gone Through

Our attorneys have more than 75 years of experience helping people like you.

Results For Our Clients

  • $3 Million Settlement - Passenger Hit By A Drunk Driver
  • $1 Million Judgment - Passenger Hit By A Drunk Driver
  • $1,450,000 Settlement - Passenger Hit By A Truck
More Client Results


  • "All of the staff members at Bart Durham Injury Law are very friendly and great to work with. They have open lines of communication with their clients, and respond in a timely manner. I trust them with my legal matters, and would advise anyone else in need of a lawyer to contact them first." - Julia Batson
  • "Bart Durham has a great team of people who are quick to respond and quick to help. The first time I met with them, they were kind and welcoming, and really listened to what I had to say. After my accident, I wasn't sure what to do, or how to get started. They took me through the process step by step, and got me the help I needed to continue on with my life. This is a friendly team with a dedication to helping people, and I'm so thankful for them!!" - Kara Davidson
More Testimonials