Injured by a Consumer Product?

Faulty or dangerous products are the source of thousands of accidents annually in the United States. “Product liability law,” the legal guidelines concerning who exactly is accountable for defective or unsafe items, is different from common accident law, and this set of guidelines sometimes makes things less troublesome for an injured or hurt individual to recuperate settlements.

Product liability refers to a manufacturer or vendor being held liable for placing a defective product into the possession of a customer. Liability for an item defect that results in injuries is found with all sellers of the product who are in the distribution chain. In general terms, the law requires that an item meets the reasonable safety expectations of the individual. The moment a product has an unforeseen defect or danger, the product can definitely not be stated to fulfill the usual expectations of the individual.

There is no federal product liability law. Normally, product liability claims depend on state laws and under the basic principles of negligence, strict liability, or breach of warranty. Aside from that, a set of business statute laws in each state followed the Uniform Commercial Code, will contain warranty standards impacting product liability.

Responsible Individuals

For product liability to arise, at some point the instrument will need to have been sold in the retail space. In the past, a contractual partnership, known as “privity of contract,” needed to exist among the person injured by an item and the provider of the product in order for the injured individual to get compensation. In most states today, that guideline no longer exists, and the injured individual does not have to be the purchaser of the product for them to recover. Anyone who could have foreseen getting hurt by a malfunctioning product can recover for his or her personal injuries, as long as the item was sold to someone.

Liability for a product defect could possibly lie with any party in the product’s chain of distribution, including:

  • The product maker
  • A creator of component pieces
  • An individual that assembles or builds the product
  • The dealer or store
  • The retail store that offered the item to the individual

For strict liability to apply, the sale of an item needs to be made in the regular course of the supplier’s business. For this reason, somebody who offers a product at a yard sale would probably not be liable in a product liability lawsuit.

Kinds of Product Defects

Within any form of liability, an injured party in a product liability dispute must verify that the product which caused personal injury was actually malfunctioning, and that the deficiency made the product unreasonably unsafe. Generally, there are three forms of deficiencies that may result in injuries and produce manufacturer or distributor liability:

  • Design Issues – Present in an item from the start, even prior to it is manufacture, because something in the design of the item is inherently unsafe
  • Production Problem – Those that occur during an item’s manufacture or assembly
  • Advertising Deficiency – Defects in the way an item is advertised, such as improper labeling, unsatisfactory guidelines, or insufficient safety and security notifications

Who’s Liable for a Defective Product?

The doctrine of “res ipsa loquitur” allocates the responsibility in a number of product liability lawsuits to the defendant(s). Translated, this Latin terminology indicates “the thing speaks for itself,” and means that the flaw in question would certainly not be present except if someone was irresponsible. If the proposition is successfully applied, the injured party is no longer mandated to verify how the defendant was negligent; rather, the offender is required to show that it was not negligent.

The second rule that assists injured parties in product liability cases is that of strict liability. If strict liability applies, the plaintiff does not need to prove that a company was negligent, but simply that the item was substandard. By removing the problem of manufacturer fault, the principle of no-fault or “strict” liability permits plaintiffs to get a settlement where they otherwise may not.

Unavoidably Dangerous Products

By their makeup, a number of products simply cannot be made safer without getting rid of their practicality. An electric knife that is too blunt to cut anyone would likewise be useless for its intended purpose. It is commonly believed that, concerning such products, users and consumers are the best positioned to decrease the risk. Thus, although an item may certainly not be regarded as unreasonably hazardous, makers and suppliers of unavoidably unsafe items need to offer effective precautions of the real dangers and risks of their products to make sure that individuals can make intelligent decisions about them.

Any product can be considered defective if it:

  • Is poorly designed
  • Lacks proper warnings
  • Is damaged from delivery
  • Was repaired incorrectly or inadequately
  • Was inadequately or fraudulently tested
  • Was installed improperly
  • Has poor or confusing instructions

Most Common Defenses to Product Liability Lawsuits

A defense frequently raised in product liability lawsuits is that the plaintiff has not completely established the supplier of the product that supposedly resulted in the accidental injury. A plaintiff must be able to link the product with the parties responsible for producing or providing it. There is an exception to this rule, known as the “market share liability” exception, that applies in instances consisting of defective medicines. When an injured party cannot identify which of the pharmaceutical drug manufacturers that supply a specific drug supplied the substance he or she took, each and every maker will be held responsible according to its percentage of sales in the area where the personal injury happened.

Another defense a company might bring up is that the plaintiff substantially changed the item soon after it left the vendor’s control, and this alteration caused the plaintiff’s injury. A related defense is that the injured party misused the item in an unforeseeable method, and his or her misapplication of the product caused the injuries alleged.

Ready to Take Action? So are We.

There are a multitude of products that we interact with on a daily basis. Whether they are made in the United States or a foreign country, if they fail to work properly or malfunction they could be a danger to you or your family. At Bill Easterly & Associates, our Nashville product liability attorneys are dedicated to protecting the rights of their clients and want to help you seek compensation for your defective product injury.

Get Free Legal Help for a Defective Product Injury Today

Product liability actions are fairly complicated, and developing legal negligence frequently requires the help of experts. In addition, each and every state has its own regulations and distinct statutes that will affect a product liability lawsuit. If you or a loved one has suffered an injury triggered by a potentially defective item, contact a qualified Nashville personal injury attorney to have your claim evaluated free of charge.

Immediate Help. Exceptional Outcomes.

How Our Tennessee Attorneys Can Help You

No case is too small or too large for our team of experienced attorneys. We have the skills and resources it takes to pursue all types of personal injury cases. If you’ve suffered at the hands of a negligent party, we want to make sure you are compensated, and the negligent party is held responsible. We start by getting to you know and the facts surrounding your case.

Every case is unique, and we treat them as such, priding ourselves on making sure you have our full attention and focusing our efforts on building a successful case for you. Here’s how we can help:


Investigate Your Claim: We want to get to the bottom of the “how” and “why” of your accident. We will conduct a thorough investigation into the circumstances of your incident. This allows us to gather evidence that can strengthen your case and help us identify all responsible parties involved. Leave all the legwork and paperwork to our team.


Build a Compelling Case: With evidence in hand, we work to build a strong and compelling case in your favor. Whether we are going to court or negotiating with an insurance company, by building a solid case, we can help you maximize the amount of damages you may be able to recover.


We Are Your Advocate: Unfortunately, insurance companies and negligent parties will not take you seriously unless you have an aggressive attorney on your side who fights for your rights. These parties may use tactics that manipulate or take advantage of a victim in order to keep from paying out hefty compensation packages. Having an attorney backing you up signals to these parties you are serious about getting everything you are entitled to.


Focus on What’s Important: You. Your health and safety are what’s most important. Let us tackle the paperwork, the negotiating, and the back and forth, while you focus on your health and the well-being of your family. Trusting the team at Bill Easterly & Associates takes an immense weight off of your shoulders.


Demand the Full Compensation You Deserve

We genuinely believe that you should not have to pay the price for someone else’s negligent and dangerous wrongdoing. For this reason, you can trust our legal team to do everything within our professional power to make sure you are not stuck with the financial repercussions of a serious injury-causing accident. We are ready to put decades of experience and practice to work for you! To schedule your free consultation, do not hesitate to contact our firm today.

Immediate Help. Exceptional Outcomes.

Hear From Our Clients
Tristan Vogel

Bill & his team handled my injury case with total professionalism and respect. I was never left out of the conversation and if I had a question, they had an answer. Never having been through anything like this before I was worried it would be a stressful headache. Fortunately this wasn’t the case. Between his team and the other party’s insurance we settled for higher than I expected/demanded. I highly recommend his office and will be sure to send anyone I know in need of help their way. Many thanks you all!

Jeffrey L.

“I endorse this lawyer. I went to school with Bill and he is truly among the best and brightest lawyers out there.”

Marcus H.

“When I hired Bill to represent me in my workers’ compensation claim, I was receiving $238 per week while out of work. Bill found an error in the way the insurance company calculated my wages, and he got my weekly check raised to $352 almost immediately. This couldn’t have come at a better time.”

Michael L.

“Bill Easterly & Associates let me know just what I needed to do during my time of need. If I had any questions they took the time to answer them. His office kept me informed and up to date on my case.”

William G.

“I worked for a company for 36 years when I was severely injured on the job. I spent over a year working with the state to get my worker’s compensation case taken care of & wasn’t having much luck. I decided to ask for help. I called Bill Easterly & Associates, & spoke with Bill, who was very friendly. Right away Bill & his staff began to work on my case. After just a few short months Bill & his team reached a settlement I was more than pleased with! I am thankful for Bill & his team; without them I would not have been able to receive the assistance I needed.”

Steve S.

“Bill Easterly & Associates, took care of every detail from start to finish with my case. If not for their extreme persistence, I would not have received any medical help nor assistance with all the bills that my employer refused to help me with when they were legally responsible. I was shocked when my settlement was reached for the sum they told me I would receive from the first day I chose them. I was able to relocate to Florida & join my family with a new lease on life.”

James C.

“Bill, I want to thank both you, Craig, and Jim for all the work that was put into yesterday’s trial. I realize that the Judge’s ruling was a direct reflection of the work that you put into my case. I thank you and can’t wait to share your name with others!!!!!”

Sam K.

“I am very appreciative for Bill Easterly & his staff. They helped my family & I during an extremely troublesome time & for this I have extreme gratitude. They are the best!”

Tracy T.

“Bill Easterly & Associates was very professional, honest, polite, and respectable of my needs. They were very accommodating in assisting me with a troubled time. I would definitely refer attorney Easterly to anyone in need of a lawyer.”

Nellie G.

“Bill Easterly & Associates was very helpful to me when I needed someone. I just want to thank him for getting all the bills paid & taking care of my needs. I want to let you know how grateful I was for your staff’s assistance. Whenever I called or left messages they were quick to call me back, as well as very helpful & knowledgeable.”

Mia G.

“Bill Easterly & Associates have been wonderful to our family. The firm fought for a fair settlement for my case and took away all of the stress that came with my accident. Bill and our assigned paralegal were very nice and kept me informed and updated on my case. Bill Easterly himself was available to answer questions that I had and that made me feel special and that he truly cared about my case. This firm shows total professionalism. Great job! I highly recommend this firm!”


“Bill Easterly and Associates are the best!!! I had a workman’s comp case resulting from an injury at work and they handled everything with compassion, skill, and diligence. They went up and beyond my expectations and I recommend them to everyone!!!!”


“Several years ago I suffered an injury which required surgery and many weeks of additional hospitalization, as well as months of painful recovery. Feeling that I had a real legal issue, I began to dial up some of the more ‘well-known’ legal firms in the Nashville area. However, with each cold, harsh rejection, my heart and hopes sank deeper….until my niece said, “What about this guy, Bill Easterly?”

From the moment Bill & I spoke, I knew I had reached the right person for the job. Bill went to bat for me immediately and stayed with me the whole way, He and his staff answered all my questions knowledgeably and honestly and were always considerate of my needs and wishes. They guided me through a confusing and sometimes frustrating process with the utmost care and professionalism; I felt I couldn’t have been in better hands.

When my case was finally resolved, I was pleased with results. I can truthfully say that now, should the need ever arise again, Bill Easterly and Associates will be the ONLY telephone number I will call for my legal work.”


“Bill and his team went above and beyond for me in two different cases. His office was always able to answer my questions or return my calls. Bill was always happy to help with anything he could, case involved or not. I have and will continue to highly recommend the services of Bill Easterly & Associates to anyone in need!”


“I never worked with an attorney before Bill. After I got hurt at work it took the insurance company several weeks to get me in to see a doctor, and while I was out of work my checks were always late, so a friend suggested I call Bill. He took my case and I immediately began to see my situation get better. His staff took care of scheduling my doctor appointments and made sure that my checks came on time. After the doctor released me to return to work, Bill was able to settle my case in less than three months, and for more money than I ever thought I would get. I highly recommend Bill Easterly & Associates.”

Chris E.

“I had the pleasure of having Bill Easterly and Associates represent me during a worker’s comp. case back in the spring of 2009. During the entire ordeal which involved surgery, and an arduous road to recover, Mr. Easterly and his staff were professional, kind, and worked very hard on my behalf. Mr. Easterly himself worked directly for me, and handled the entire situation with a high degree of care and expertise to the point where I felt like I was the only case he was working on. Furthermore, if I ever had any questions, I knew I could contact Mr. Easterly himself directly to get any issues resolved. I would recommend Mr. Easterly and Associates to anyone looking for excellent legal counsel especially if it involves a worker’s comp. case.”

Randon W.

“Bill Easterly and his team of associates including: Whitney, Annbern, and Bethany are amazing, they have all been like family to me and represented me and my case as if it were their very own. I cannot express how truly thankful I am for the effort and amount of time and work they have put into my case, even through my being impatient under some circumstances. Even though I rarely spoke with them every time I received a phone call or E-mail from Mr. Bill or his associates it has been nothing but great news. I would strongly recommend Bill Easterly and Associates to any and everyone with any type of Workers Comp. or personal injury case to them. I’ve had such a wonderful experience and I couldn’t have asked for a better job. Thank you guys so much.”

P. Burns

“Bill Easterly and Associate are awesome they took my case and did all they could do to make sure I was stress free and I really appreciate their professionalism and the patience they showed me when I became frustrated. I want to thank you for the work you provided but most of all you and the staff Annbern you are a true angel so mild mannered Whitney your patience Bethany your cheery disposition on the telephone and Mr. Bill Easterly your determination and fight on my behalf thank and may you all continue to be a blessing to all you meet. True Angels here on earth. If you need a team that will fight for you BILL EASTERLY AND ASSOCIATES IS THE BEST WAY TO GO.”

Leslie H.

“GREAT People!!!! GREAT Service!!!!!”

Shannon B.

“I called Mr. Easterly a little over a month ago to take over my case because the attorney I started off with had not even looked at my emails in the three months he was supposed to be working for me… Bill has settled my case/claim already and I could not be happier with the outcome. He had personally made calls to me, which made me feel like a person and not just dollar signs. His paralegal, Whitney, is also amazing. She always returned my emails and calls immediately, and was more than patient with me asking a million questions. I hope no one I know is seriously hurt in an accident like we were, but if so I highly recommend you call Bill Easterly and Associates. Not to mention, Bill Easterly is pretty hot ;).”

Ron M.

“Bill has been my attorney for many years on many cases. I have always been pleased with him and his staff for all they have helped me with. Very professional.”

Mark M.

“Bill Easterly handled my case better and faster than I was told to expect, due to the circumstances of the case. He definitely exceeded my personal expectations and I am more than satisfied with the outcome. Would recommend him to anyone. He’s a great guy.”


“I called several accident law firms and none were as knowledgeable and sincere as this firm. Mr. Easterly and his associates were amazing! They took the time to listen and answer any questions I had. I’m also grateful they helped me deal with the not so helpful insurance company. They went above and beyond! Very pleased!”

Keith R.

“Throughout my entire case, Mr. Easterly and his staff were supportive and diligent in handling my claim. Mr. Easterly provided the one-on-one attention that I needed. Thank you for everything!”

Nicole P.

“Bill Easterly and his staff were very courteous and friendly. They made me feel like family. When I walked into the office you would’ve thought I had known them before. When it came to them assisting with my case they were awesome. If they told you that they were going to do something or call you back they did. Mr. Easterly and staff took care of my case in an effective and timely manner making me feel like I was the only client. This is the kind of attention you need when you are hurt. If I needed assistance again, I would definitely use them. I would recommend him without hesitation! They should be the first and only attorneys you call when in need! Great group of people! Thank you!”

Muyala M.

“Mr. Bill Easterly and his staff are very friendly and reliable. They are ready to answer any questions that I have and let me know step by step what is going on with my case. I really recommend them to anybody.”

Irene F.

“Bill Easterly and his staff are amazing to work with. I met Bill years ago when my little girl got hurt and he has been my go to lawyer ever since. If he doesn’t specialize in something I have questions about he always takes the time to send me in the right direction. His staff is very professional and on top of things at all time. Thank you Bill for everything you have done for my family.”

Valerie C.

“Bill is knowledgeable and professional. The staff is helpful, friendly and prompt to respond to questions or concerns. Would recommend without reservation.”

Brenda B.

“When I interviewed attorneys for my case, Bill Easterly was hands down the best choice! Not only was he straight to the point, his confidence was contagious! Bethany was on top of my case every step of the way! Every step was explained to me and I was prepared for what would happen throughout the process. I told a friend that I loved my attorneys, she said,

“You don’t hear anyone say that, ever!” But I can recommend Easterly and Associates without hesitation!”

Norma B.

“Bill Easterly and Associates took my case when no one else would and got me a decent settlement. I highly recommend them.”

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