Products Liability

As part of its focus on personal injury cases, McDonald, Levy, Taylor and Crotwell 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:


Farrell A. 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 cases lead to 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 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 and Crotwell to hold manufacturers responsible for making 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:


Frequently Asked Questions

Q. What should I do if I or my family is injured by a defective product?


A. Keep the product in a safe place. Try to locate and keep any instructions, manuals, boxes or other information regarding the property. Under no circumstances, should you give the product to the manufacturer, retailer or supplier. The product is often the key piece of evidence that determines whether a case is won or lost. Do not depend on a potential adverse party to safeguard the product. If the product is a motor vehicle, ATV or other large item, be careful where the item is stored. It is not unknown for manufacturers or their agents to purchase such items from a wrecker yard and destroy it. Inform the facility that is storing the product that the product should not be released to anyone but you. Do not alter or attempt to fix the product.


Q. Why is it best to act quickly in a products liability claim?


A. First, there are strict time limits when a claim must be filed. In addition, time is often critically important in products liability cases. It is much easier and effective to investigate a case shortly after the date of the injury. Usually, we will have the product examined by 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 and Crotwell.


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 you 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.