Can I hire a lawyer from another State?

I currently live in KY, and I'm thinking of filing a product liability lawsuit because of personal injury from energy drinks. The incident occurred more than a year ago. Can I hire a lawyer from TN even if I live in KY since the Statute of Limitations is only a year in KY and 4 years in TN?

Answer by lucy
There is a reason for the statute of limitations since if there were not, then you can forever file suit. Most companies set aside funds for lawsuits in anticipation of someone filing against them. These funds are set up based on the statute of limitations. So at some point, they know they can be safe from lawsuits.

The only correct answer is to contact a lawyer in KY to find out if your product liability suit has and merit or not period. The statute of limitations runs per the discovery rule. (link attached)

http://www.pa-statute-of-limitations.com/the_discovery_rule.php

Even so, only a lawyer can tell you if you have a case or not.

good luck

Answer by Betsy
You would have to sue in KY unless you were injured as a result of energy drinks you consumed or perhaps purchased while in TN. If you purchased and consumed the energy drinks in KY and were also injured there, you must sue in KY and your attorney must be licensed there. Some attorneys are licensed in more than one state. If retain and attorney from TN who is also licensed in KY, that is okay.

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Products liability, the first twenty-five years: Case summaries, commentary, and annotations, 1957-1982

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Products liability, the first twenty-five years: Case summaries, commentary, and annotations, 1957-1982

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Product Liability Lawyer In California Straight Talk: What Is A Risk Benefit Design Defect?

Article by William Turley

This is another article in our Product Liability Attorney Straight Talk series. Dangerous products needlessly kill and injure consumers. When a dangerously designed product is being used in a foreseeable manner and someone is severely injured, the manufacturer or seller of the product should be held responsible. States have different product liability laws. This article discusses California product liability laws. Here we focus on the Risk Benefit Design defect cause of action. If you or a family member is seriously injured by a defective product, you should consult with a Product Liability Lawyer.

California law recognizes two different kinds of design defects:

1. Consumer expectation test

2. Risk benefit test

Under the risk-benefit test, you do not have to prove the presence of a defect. Rather, once you make a prima facie showing that the product's design caused the injury, the burden shifts to the manufacturer to prove the design was not defective.

To establish a risk - benefit design defect case under California law, you must prove all of the following:

1. That the Defendant manufactured, distributed, and/or sold the product;

2. That, at the time of the use, the product was substantially the same as when it left the Defendant's possession;

3. That the product was used or misused in a way that was reasonably foreseeable to the Defendant; and

4. That the product's design was a substantial factor in causing harm to you.

If you prove these four facts, then the Defendant must prove that the benefits of the design outweigh the risks of the design. In deciding whether the benefits outweigh the risks, the jury must consider the following:

(a) The gravity of the potential harm resulting from the use of the product;

(b) The likelihood that such harm would occur;

(d) The cost of an alternative design;

(e) The disadvantages of an alternative design.

As is shown here, the risk - benefit test allows you to prove a product is defective if the risks of the product's design outweigh the benefits of such design. You do not have to prove the existence of a feasible alternative design.

The Best Advice You Will Get:

When you bring a claim for damages in court your credibility is always at issue. Never misrepresent, fudge and/or exaggerate your injuries or any other part of your case. You won't get a second chance with your jury. Once you get caught in a lie, you will lose. It's simple. Always tell the truth when you walk into court asking for money. Make sure you hire a lawyer that is going to present your case honestly.

Disclaimer:

This article is not legal advice. I am simplistic in order to achieve clarity. The circumstances, facts and/or issues in your case may be different from those described here. This article is based upon California Product Liability Law. If you are seriously injured b a defect product you your consult with a Product Liability Attorney.

About the Author

Bill Turley is a San Diego Product Liability Attorney. He was elected President of Consumer Attorneys of San Diego and to the Board of Governors of the Consumer Attorneys of California. The Turley Law Firm has the most comprehensive California Product Liability Lawyer website = = >http://www.turleylawfirm.com/library/san-diego-product-liability-lawyer.cfm

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