You may buy a product and never expect it to be defective. If you suffer an injury as a result of this item, you may want to hire a Mesquite product liability lawyer. By working with a Mesquite personal injury lawyer, you may request damages from the company that sold you this product or any other at-fault parties.
H&P Law is an award-winning personal injury law firm with more than 60 years of legal experience. Our team is available to review your case. For more information, reach out to us.
Product Liability Definition
Per Nevada Revised Statutes (NRS) §695E.090, product liability refers to the responsibility that comes with selling, manufacturing, or distributing an item that is ultimately defective. Based on this statute, a party may be liable if they put a product into the market that is faulty. This is due to the fact that the item may cause anyone who purchases it to suffer an injury or die.
It is reasonable to expect a product to work as soon as you purchase it. In a situation where a defective product causes you to suffer an injury, you may face steep medical bills and other losses. At this point, it may be a good idea to consult with a Mesquite product liability attorney.
A lawyer may help you decide if now is the right time to seek damages in a defective product case. At H&P Law, we can take a look at your case and go over your legal options with you. To learn more, get in touch with us.
Types of Product Defects
Defects may relate to a product’s manufacturing or design. If an item is not manufactured correctly, it may be faulty and lead to an injury or fatality. In instances where a product is poorly designed, it may be unsafe and put those who use it in danger.
In addition to these types of product defects, there is also strict liability to consider. In a faulty product case, a plaintiff is not required to prove any degree of fault. This means an at-fault party may be liable for injuries and fatalities that occur due to their product, even if they committed time and resources to make sure it was safe.
A product liability attorney in Mesquite wants you to get the best case results. They can help you gather evidence to support your argument. Also, they can make sure that your claim is filed in accordance with Nevada’s statute of limitations.
How Much Time You Have to File a Product Defect Claim
According to NRS §11.190, you may have a maximum of two years from the date you suffer an injury due to a faulty product to pursue damages. The window for filing your claim may not be extended. If you wait more than two years, you may be responsible for all of your injury-related losses.
A product liability lawyer in Mesquite can help you submit your claim within a reasonable time frame. They may work with you to calculate your damages. Your attorney may encourage you to ask for damages based on your economic and non-economic losses.
Economic damages may be awarded to cover your medical bills, lost wages, and other quantifiable losses. You may get non-economic compensation based on your pain, suffering, and other subjective harm. No matter how much money you request, you must provide a sufficient amount of evidence to prove to a judge or jury that you deserve damages.
Product Liability Wrongful Death
There are wrongful death cases in Nevada involving defective products. If a family member dies as a result of a faulty product, you may be able to seek damages on their behalf. An attorney can help you determine if you are eligible to submit a claim and, if so, help you request damages.
Based on NRS §41.085, an heir or personal representative of a deceased person (decedent) may pursue damages through a wrongful death claim. You may have up to two years from this individual’s death to file a claim. You may ask for damages to cover burial and funeral expenses and other losses.
It may be emotionally taxing to deal with the consequences of a family member’s death. A product liability attorney in Mesquite may help you get through this challenging time. They have your best interests top of mind, and they may assist you if you decide to request compensation as part of a wrongful death claim.
How to Get Damages in a Product Liability Case
You may believe you have a strong case, but there is no guarantee a judge or jury will award damages. Together, you and your attorney can prepare an argument designed to show you are in no way responsible for your injury. There are many things you must prove to support your argument, including:
- You purchased a product and did not know it was defective when you bought it.
- You used the product as intended.
- The product was faulty, and as a result, you got hurt.
- You have incurred quantifiable or subjective losses due to the defective product.
Your lawyer can explain what is a personal injury case and offer tips and recommendations to help you navigate the legal process. They may also use the product itself, warranty information, incident reports and complaints, and other pieces of evidence to craft their argument.
In the best-case scenario, your product liability lawyer in Mesquite may prepare an argument that leads the defendant in your case to submit a settlement that meets your expectations.
Product Liability Case Settlement
You may be wondering if a settlement is best in your Nevada personal injury lawsuit. You may have the option to settle before your case goes to trial. If you get a settlement you feel is reasonable, you may approve the offer and close your case.
If the defendant in your case proposes a settlement, your Mesquite product liability lawyer will let you know. Your attorney may help you weigh the offer’s pros and cons. If your attorney feels an offer is less than what you deserve, they will explain why.
You have the final say on how to proceed with a settlement offer. If you are not completely satisfied with a proposal, you may decline it. Next, you and your lawyer will continue to search for ways to strengthen your case.
Hire a Lawyer
If you are interested in hiring a Mesquite product liability attorney for your product defect case, the team at H&P Law is here for you. We can evaluate your case. To schedule a free and confidential consultation, contact us today.
