Page 155 - Cityview Jan-Feb 2017

IN TENNESSEE, A PRODUCTmanufacturer can be held legally responsible for injuries caused by a defective product. The idea is that the manufacturer is inthe “best position” to protectthe public from any potential harm arising from the design or manufacture of its own products. But how does product liability work when the product itself is designed to harm people?Many Tennessee residents legally purchase, own, and use rearms. A gun is like any other consumer product. Even though it is designed to kill, a manufacturer may still be liable ifan injured plainti can demonstrate that there was some defect in design, manufacture, or even the safety instructions provided with the rearm.But courts are typically reluctantto side with plainti s who bringproduct liability cases against rearms manufacturers. A recent decision bya federal judge in Nashville o ers one example. In this case, the plainti was at a retail store with a friend. The plainti was showing his friend a rearm thathe had previously purchased and was demonstrating how to “make the gun safe.” In the process of attempting to lock the gun’s slide, the rearm slipped, and as the plainti caught it, the gun discharged. The plainti sustained a serious hand wound that required the amputation of a nger.The plainti subsequently suedthe manufacturer of the gun. Healleged there was a “loose screw”in the rearm’s built-in laser sightthat prevented him from locking the slide. The plainti claimed this was a defective design that led to his accident. But the court disagreed. A federal magistrate judge issued an opinion recommending dismissal of the case.In September, a U.S. district judge adopted the magistrate’s ndings. Taking the plainti ’s complaint at face value, the magistrate said that he failed to “su ciently connect the loose screw preventing the slide from being placed in the locked position.” Put simply, the magistrate said “the loose screw did not cause the plainti to drop the rearm.” According to the plainti ’s own lawsuit, dropping the gun is what caused it to discharge, and the manufacturer could not have reasonably anticipated that. Under Tennessee law, a manufactureris only liable for the “foreseeable consequence” of a defect.It is also worth noting that the plainti in this case apparently acted without the assistance of an attorney.Representing yourself is never a good idea, especially in a product liability case where you may be up againsta well- nanced manufacturer. Even under the best of circumstances, product liability lawsuits involve highly technical questions of both fact and law. It is not a small claims case.In many cases, product liability may also involve more than one defendant. There may be multiple manufacturers responsible for a product’s design. This is yet another reason you should not try to handle such litigation on your own.Bruce Fox has practiced law for more than 30 years and has successfully represented clients at every trial and appellate court level of the Tennessee State Judicial System.JANUARY FEBRUARY 2017 153