Products Liability

As part of our focus on personal injury cases, McDonald , Levy & Taylor has always actively pursued products liability cases. Our attorneys have successfully pursued cases involving a wide array of defective products.

For example, our attorneys have handled injuries caused by the following defective products:

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Mr. Levy  of our firm has been keenly interested in products liability litigation since law school. While in law school, he authored “Products Liability- Bystander Recovery in Strict Liability” that was published in the Tennessee Law Review. His work in a products liability case resulted in a national legal publication reviewing the successful tactics he employed in the case. The injury that Mr. Levy’s client sustained was caused by a defective airless spray gun. The deposition of the treating plastic surgeon taken by Mr. Levy was the subject of an instructive article for attorneys. This article points out that the deposition taken by Mr. Levy is a beautiful example of a deposition. The analysis was published by Matthew Bender in the February, 1984 issue of Trauma authored by Marshall Houts, J.D. and is entitled: “Presenting The Medical Evidence: Converting The Deposition Into A Trial Brief Of The Facts.”Products liability refers to the area of law that deals with defective products that cause injury to person or property. It is the goal of McDonald, Levy & Taylor to hold manufacturers and distributors responsible for selling defective products. By doing so, not only are our clients compensated for their losses, but manufacturers are encouraged to make safer products.In Tennessee product liability cases, damages are determined by several factors, including:
  • Mental and physical pain and suffering
  • Economic loss/impact
  • Future earning capacity (impairment or inability)
  • Physical impairment and disfigurement
  • Loss of enjoyment of life
  • Medical expenses
Frequently Asked Questions
Q. What should I do if I, or my family, is injured by a defective product?
A.In Product Liability cases, timely filing of a claim is critically important. It is much easier and effective to investigate a case shortly after the date of injury. Usually, we will have the product examined by a independent expert. Many types of forensic analysis may not be as accurate after a time delay.
Q. Should I contact an attorney?
A.Due to the complexity of product liability cases, it is normally best to retain a firm that is experienced in these cases such as McDonald, Levy & Taylor.
Q. What are my attorney fees?
A.Attorney fees in product liability cases are normally based on a percentage of the amount recovered for you. Therefore, if we do not receive a recovery for you – we do not receive a fee. You may be responsible for costs that we advance to prepare your case. The contingency fee arrangement will be discussed with you at the first meeting and you will be provided with a written contract that sets forth all the terms clearly. Again, if we do not obtain a recovery for you – we do not receive a fee.

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