Let’s say you buy a new phone, like the Samsung Galaxy Note 7. You use the phone to talk or to text, or to play games and look up the news, and the battery runs down – so you plug it into the wall to charge it. Then your new phone explodes, sending shrapnel everywhere, because the battery overheated. One of those flying bits of phone hits you in the eye, and leaves you partially blind. What legal recourse do you have after you sustain such an injury?

You may be able to file a product liability claim. Product liability means that manufacturers and sellers are liable for handing defective products over to consumers. Whether the actual purchaser or someone else is injured by the defective product does not always matter. Manufacturers and sellers of defective products are liable, especially when their products are unable to meet consumers’ needs due to defects.

What kind of damages an injury victim might be entitled to get?

State laws specify what kinds of damages injury victims might be entitled to obtain. They usually fall into two categories: economic and non-economic. In Tennessee, these kinds of damages may include compensation for:

• Medical costs, including treatments and assistive technologies
• Income loss, both at the time of the injury and any potential future earnings
• Physical pain and suffering
• Psychological trauma, which could manifest as depression, anxiety, etc.
• Permanent disabilities, which may be caused or worsened by the injuries

In addition, entitlement to damages is not limited to just the injury victims themselves; spouses often are affected by the victims’ injuries too. For instance, a spouse might miss work or school to take care of the injury victim. The resultant medical costs could strain a family’s bank account. Or, the changes in an injury victim’s life could take an emotional or mental toll on a spouse as he or she watches the injury victim suffer. In some cases, a jury may decide to punish a manufacturer, designer or seller for their role in sending the defective product out to an unsuspecting public. These are called punitive damages, and while they are rare, they usually result in the large numbers you hear about on the news.

If you or your loved one used a defective product and was injured as a result of using the defective product, we know how to help. At Delius & McKenzie, you work with an experienced Sevierville products liability attorney throughout your case. For more information, call us at (865) 428-8780 or fill out our contact form. We proudly serve Sevierville, Gatlinburg, Seymour and Pigeon Forge.