Types of Wrongful Death in Tennessee
When someone is killed in Tennessee because of the fault or negligence of another, the victim’s surviving spouse, child, or parent may bring a wrongful death action in a Tennessee court.
Types of TN wrongful death claims include the following:
- Motor vehicle accident fatalities
- Work accidents
- Medical error
- Product defects
A wrongful death claim arising from a motor vehicle accident often results from the failure of another to exercise due care while operating his or her vehicle on the road. Examples of failure to exercise due care include following too closely, improper turns and excessive speeds.
Work-related accidents that cause the death of a loved one are covered under Tennessee’s workers’ compensation system. However, if a third party is responsible, the victim’s survivors can bring the wrongful death claim against that party. Some examples of third parties include manufacturers of defective work equipment and motorists who fail to exercise caution in road construction zones.
Medically-related types of medical death include medical malpractice, medical errors, failure to diagnose and failure to properly treat a condition or disease. Birth injuries and defects resulting from negligent conduct are also covered under Tennessee’s wrongful death statutes.
Death resulting from product defects in Tennessee falls within one of three defect categories: 1) manufacturing defect, 2) design defect, or 3) warning defect. A manufacturing defect occurs when something goes wrong in the manufacturing process causing some defect in the product. In Tennessee, manufacturers are liable for manufacturing defects without regard to fault.
Design defects, on the other hand, involve a fundamental flaw in the entire product line that makes each product unsafe. Manufacturers may be liable for design defects upon evidence showing that the product was unreasonably dangerous, that there was a safer alternative design available, and producing the alternative was feasible given the costs and benefits of the safer design.
Manufacturers may also be responsible for wrongful death when a product does not provide adequate instructions or warnings. The plaintiff, however, must show that the failure to warn caused the accident.
At Baker Associates, we have experience in representing plaintiffs in various types of wrongful death cases and can help determine whether you have a viable case. Let our skilled Knoxville wrongful death attorneys advise you of your legal options by calling 866-853-2888.
