DEMAND FOR SETTLEMENT - PRODUCTS LIABILITY
STATE OF TENNESSEE
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Tennessee ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Tennessee
DATE: [Date]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL
[General Counsel / Risk Management / Claims Representative]
[Manufacturer / Distributor / Retailer Name]
[Street Address]
[City, State ZIP]
RE: PRODUCTS LIABILITY CLAIM - SETTLEMENT DEMAND
Claimant: [Client Full Name]
Date of Incident: [Date]
Product: [Product Name, Model Number, Serial Number]
Manufacturer: [Manufacturer Name]
Claim Number: [If assigned]
Dear [Recipient Name]:
This firm represents [Client Name] in connection with serious personal injuries caused by a defective [Product Name] designed, manufactured, distributed, and/or sold by your company. This letter constitutes our formal demand for settlement under the Tennessee Products Liability Act.
I. TENNESSEE PRODUCTS LIABILITY LEGAL FRAMEWORK
A. Tennessee Products Liability Act
Products liability claims in Tennessee are governed by the Tennessee Products Liability Act (TPLA), Tenn. Code Ann. Sections 29-28-101 through 29-28-108. The TPLA provides the exclusive remedy for products liability claims, preempting common law strict liability. Whitaker v. Lian Feng Mach. Co., 156 S.W.3d 510 (Tenn. Ct. App. 2004).
B. Theories of Liability
Under the TPLA, Tenn. Code Ann. Section 29-28-102, a product may be "unreasonably dangerous" due to:
1. Defective Design
A product is unreasonably dangerous in design if the design renders it not reasonably safe for its intended use or a reasonably foreseeable use.
2. Manufacturing Defect
A product is unreasonably dangerous if it deviates from the manufacturer's design specifications in a manner that renders it unsafe.
3. Failure to Warn (Inadequate Instructions or Warnings)
A product is unreasonably dangerous if it is marketed without adequate instructions or warnings, where such warnings are necessary to make the product safe.
4. Non-Conformity to Express Warranty or Misrepresentation
A product is unreasonably dangerous if it does not conform to an express warranty or a manufacturer's representation.
C. Statute of Limitations
Tennessee has a complex limitations scheme for products liability:
Personal Injury Actions: Under Tenn. Code Ann. Section 28-3-104, the general statute of limitations for personal injury is one (1) year from the date of injury.
Products Liability Extension: Under Tenn. Code Ann. Section 29-28-103(a), a products liability action must be brought within six (6) years of the date of injury, or within one (1) year after the defect is discovered or should have been discovered, whichever is shorter.
D. Statute of Repose
Under Tenn. Code Ann. Section 29-28-103(a), no products liability action may be brought more than ten (10) years after the date the product was first purchased for use or consumption, unless:
- The manufacturer made an express representation that the product has a useful life exceeding 10 years
- The action is for property damage only
- Certain exceptions apply
E. Design Defect Test
Tennessee applies a risk-utility balancing test for design defects. Under Tenn. Code Ann. Section 29-28-105(a), a manufacturer is not liable if:
- The product conformed to the "state of the art" at the time of manufacture
- A reasonably prudent manufacturer would not have anticipated that the design was capable of causing injury
Ray v. BIC Corp., 925 S.W.2d 527 (Tenn. 1996) established the risk-utility analysis, considering factors including the availability of alternative safer designs.
F. Comparative Fault
Tennessee follows modified comparative fault under Tenn. Code Ann. Section 29-11-103. A plaintiff's recovery is reduced by their percentage of fault. If the plaintiff is 50% or more at fault, recovery is completely barred.
Comparative fault applies to products liability actions under the TPLA. Whitaker v. Lian Feng Mach. Co., 156 S.W.3d 510 (Tenn. Ct. App. 2004).
G. Non-Economic Damage Caps
Tennessee caps non-economic damages under Tenn. Code Ann. Section 29-39-102:
- General Cap: $750,000
- Catastrophic Injuries Cap: $1,000,000 (applies to spinal cord injuries causing paralysis, amputation of hands or feet, third-degree burns over 40% of body, or wrongful death)
- No Cap: For intentional conduct, felony conviction, DUI, or falsification of medical records
H. Punitive Damages
Under Tenn. Code Ann. Section 29-39-104, punitive damages require clear and convincing evidence that the defendant acted intentionally, fraudulently, maliciously, or recklessly.
Statutory Cap: Punitive damages may not exceed two (2) times the compensatory damages or $500,000, whichever is greater. No cap applies for intentional drug manufacturing violations, DUI injuries, or intentional felonies.
II. PRESERVATION OF EVIDENCE - CRITICAL NOTICE
YOU ARE HEREBY DIRECTED TO IMMEDIATELY PRESERVE ALL EVIDENCE relating to this product and claim, including but not limited to:
Product-Related:
- The subject product and all component parts
- Design documents, specifications, and engineering drawings
- Manufacturing records and quality control documentation
- Testing data and safety assessments
- All versions of warnings, labels, and instructions
- State of the art documentation at time of manufacture
Complaints and Claims:
- Prior consumer complaints regarding this product
- Prior claims and lawsuits involving similar defects
- Regulatory correspondence and adverse event reports
Spoliation Warning: Tennessee courts impose sanctions for spoliation of evidence. Tatham v. Bridgestone Ams. Holding, Inc., 473 S.W.3d 734 (Tenn. 2015). ANY DESTRUCTION OR ALTERATION OF EVIDENCE WILL RESULT IN SEVERE CONSEQUENCES.
III. THE DEFECTIVE PRODUCT
A. Product Identification
| Product Information | Details |
|---|---|
| Product Name | [Full Product Name] |
| Manufacturer | [Manufacturer Name and Address] |
| Model Number | [Model Number] |
| Serial Number | [Serial Number] |
| Date of Manufacture | [Date, if known] |
| Date of Purchase | [Purchase Date] |
| Retailer/Seller | [Retailer Name and Location] |
| Purchase Price | $[Amount] |
B. Chain of Distribution
The following entities are potentially liable under the Tennessee Products Liability Act:
| Entity | Role |
|---|---|
| [Manufacturer Name] | Manufacturer |
| [Component Supplier] | Component Manufacturer |
| [Distributor Name] | Distributor |
| [Retailer Name] | Retailer/Seller |
IV. THE DEFECT
A. Nature of Defect
[DESIGN DEFECT / MANUFACTURING DEFECT / FAILURE TO WARN - Select applicable]
Under Tenn. Code Ann. Section 29-28-102, the [Product Name] was unreasonably dangerous because:
[Detailed description of the defect and how it rendered the product not reasonably safe for its intended or foreseeable use]
B. Risk-Utility Analysis
Under Tennessee's risk-utility test established in Ray v. BIC Corp., 925 S.W.2d 527 (Tenn. 1996):
- The risk of harm from the defect outweighs the utility of the design
- A feasible alternative safer design existed at the time of manufacture
- The alternative design would have prevented or minimized the injury
- Implementation of the alternative design was technologically and economically feasible
V. THE INCIDENT AND INJURIES
A. How the Injury Occurred
On [Date], at approximately [Time], our client was [describe use of product] when [describe how the defect caused injury].
B. Injuries Sustained
As a direct and proximate result of the defective product, our client sustained:
Physical Injuries:
- [Injury 1]
- [Injury 2]
- [Injury 3]
Medical Treatment:
- [Treatment summary]
Permanent Effects:
- [Describe any permanent conditions]
[If catastrophic injury: The injuries qualify as catastrophic under Tenn. Code Ann. Section 29-39-102, including [describe qualifying condition].]
VI. DAMAGES
A. Economic Damages
| Category | Amount |
|---|---|
| Past Medical Expenses | $[Amount] |
| Future Medical Expenses | $[Amount] |
| Past Lost Wages | $[Amount] |
| Future Lost Earning Capacity | $[Amount] |
| TOTAL ECONOMIC DAMAGES | $[Total] |
B. Non-Economic Damages
Under Tennessee law, our client is entitled to compensation for:
- Physical pain and suffering
- Mental anguish and emotional distress
- Loss of enjoyment of life
- Permanent impairment and disfigurement
[Note: Subject to statutory caps under Tenn. Code Ann. Section 29-39-102]
C. Punitive Damages
[If applicable:]
Your company's conduct in [describe egregious conduct] constitutes intentional, fraudulent, malicious, or reckless behavior warranting punitive damages under Tenn. Code Ann. Section 29-39-104.
D. Summary of Damages
| Category | Amount |
|---|---|
| Total Economic Damages | $[Amount] |
| Total Non-Economic Damages | $[Amount] |
| TOTAL COMPENSATORY DAMAGES | $[Total] |
VII. SETTLEMENT DEMAND
Based upon the clear liability of your company under the Tennessee Products Liability Act and the substantial damages our client has sustained, we hereby demand:
$[DEMAND AMOUNT]
This demand will remain open for forty-five (45) days from the date of this letter, expiring on [Expiration Date].
If this matter cannot be resolved, we are prepared to file suit in the Circuit Court for [County] County, Tennessee, and pursue this matter through trial.
VIII. DOCUMENTATION ENCLOSED
☐ Medical records and bills
☐ Photographs of the defective product
☐ Photographs of injuries
☐ Employment and wage documentation
☐ Product documentation and warnings
☐ Expert reports (if available)
☐ [Other relevant documentation]
IX. CONCLUSION
This case involves a defective product that caused serious injuries to our client. The product was unreasonably dangerous under the Tennessee Products Liability Act, and the injuries were entirely preventable.
We urge you to evaluate this claim seriously and respond with a reasonable settlement offer within the time allowed.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
Tennessee Board of Professional Responsibility No. [Number]
Attorney for [Client Name]
ENCLOSURES: As noted above
cc: [Client Name]
[File]
TENNESSEE PRODUCTS LIABILITY PRACTICE NOTES
☐ TPLA Exclusive Remedy: The Tennessee Products Liability Act (Tenn. Code Ann. Sections 29-28-101 et seq.) is the exclusive remedy for products liability claims, preempting common law.
☐ Risk-Utility Test: Tennessee applies risk-utility balancing for design defects per Ray v. BIC Corp., 925 S.W.2d 527 (Tenn. 1996).
☐ State of the Art Defense: Tenn. Code Ann. Section 29-28-105(a) provides a defense if product conformed to state of the art.
☐ Modified Comparative Fault: 50% bar rule applies - plaintiff cannot recover if 50% or more at fault.
☐ Short SOL for Personal Injury: One-year general personal injury SOL applies, though discovery rule extends for hidden defects.
☐ 10-Year Repose: No action more than 10 years after first purchase, with limited exceptions.
☐ Non-Economic Damage Caps: $750,000 general; $1,000,000 for catastrophic injuries.
☐ Punitive Damages Cap: Greater of 2x compensatory or $500,000, with exceptions.
☐ Seat Belt Defense: Evidence of failure to use seat belt admissible. Tenn. Code Ann. Section 55-9-604.
This template is specific to Tennessee law. Products liability law is complex and varies significantly by jurisdiction. This template must be customized for each case by a licensed Tennessee attorney.