Tennessee Statute of Limitations for Defective Product Injuries

When you’re injured by a defective product in Tennessee, time is not on your side. Our state has one of the shortest statutes of limitations in the country for defective product claims. That means that as soon as you are injured, you should start thinking about your next steps and legal options. Waiting too long means giving up your right to seek compensation, as any claim filed outside the statute of limitations is almost certain to be dismissed by the court.

Learn more about how the statute of limitations works in these claims, when the clock starts ticking, and how you can protect yourself. Ready for more personalized advice regarding your product liability case? Call Wagner Workers’ Compensation & Personal Injury Lawyers today.

What is the statute of limitations?

A statute of limitations is the legal deadline for filing a lawsuit. In criminal cases, it refers to how long the state has to file charges against an individual after a crime is committed. In personal injury cases, including product liability cases, the statute of limitations refers to how long you have to sue the at-fault party after an injury.

The idea of a short statute of limitations is to encourage timely claims, ensure that evidence is preserved and usable during a claim, and protect companies from waiting decades for claims that may or may not ever come. In Tennessee, you have one year from the date of injury to file a lawsuit against the at-fault party.

Tennessee’s statute of limitations

Under Tennessee law, you have one year from the date of injury to file a claim against the liable manufacturer, designer, or store. This short timeframe applies to all types of product defect claims, including:

• Manufacturing defects: As an example, consider a product intended for consumption that the manufacturer chooses to use non-food-safe materials to make.
• Design defects: For example, a baby product designed and made with small pieces that can break off and choke an infant for whom the product is designed.
• Failure to warn: Issues caused by inadequate instructions or missing safety warnings.

The discovery rule

Injuries aren’t always immediately apparent. Let’s use the baby product example again. If a baby chokes on small pieces that come off a toy intended for them, that injury is immediately obvious, and the one-year window would start on the day of that injury. Now consider a baby product that is made with lead paint. Manufacturers know babies put toys in their mouths and are legally required to use paints and other materials that are safe for them. If a baby chews on a toy every day and the parents don’t find out that the toy contains lead until the child shows signs of lead poisoning six months later, the one-year timeframe wouldn’t start until the baby shows signs of lead poisoning and they realize the toy in question is to blame.

The statute of repose

While the discovery rule does give victims of unsafe products more time to discover issues and sue the companies responsible, it does not give them unlimited time. The statute of repose is the very latest that you can sue a company for injuries caused by a defective product. In Tennessee, the statute of repose is ten years from the product’s first sale for use or consumption. This limitation stands even if the injury does not become apparent until after that ten-year window closes. The statute of repose also stops victims from filing a claim any later than six years after the date of injury. Whichever of these two statutes of limitations is shorter is the one that applies in any given case.

Exceptions to the statute of limitations

While Tennessee’s statute of limitations for unsafe products is strict, there are exceptions to these laws. In certain circumstances, the statute of limitations is tolled—or paused—until circumstances change.

If the injured person is younger than 18, the one-year statute of limitations does not typically start until they turn 18. However, the statute of repose is still in place, so their actual statute of limitations may run out before they turn 18.

Mental incapacity also tolls the clock. If the victim is declared mentally incompetent at the time of the injury, the clock may be paused until the disability ends.

If a manufacturer, seller, or other responsible party deliberately hides the defect to defraud consumers, the court may choose to extend the deadline. If this applies to your case, you must have evidence of intentional concealment.

Finally, silicone gel breast implants have a special statute of limitations. Tennessee law states that action against a manufacturer or seller of silicone gel breast implants must be brought within a period of no more than 25 years from the date that the product was implanted. Action is limited to four years from the date that the plaintiff knew or should have known of their injury.

It’s clear that product liability claims are complex, depending on the age of the victim, the type of product in question, and the nature of the injury. Working with a defective product lawyer can help you better understand your rights, seek compensation from the appropriate party, and advocate for yourself.

Reach out to Wagner Workers’ Compensation & Personal Injury Lawyers today to start your claim

If a defective product has left you or someone you love injured, don’t wait any longer to find out if you are owed compensation. Waiting too long could mean your window of opportunity closes. Our team is here and ready to help you explore your options and start your claim. Just contact us online or call us today.