As a consumer, you rely on the safety and reliability of the products you purchase. Unfortunately, sometimes products are released with defects that can cause injury or harm.
Defective products can cause serious harm to individuals and can be life-threatening in some cases. If you have been injured due to a defective product, it is essential to understand the legal remedies available to you.
Reach out to our Las Vegas product liability attorneys at H&P Law to discuss your specific case and determine what steps you should take to sue the manufacturer and other liable parties for injuries caused by defects.
Is it Legal to Sell Defective Products?
While companies have an obligation to produce and sell reasonably safe products, defective products often make it onto the shelves. But is it legal for businesses to sell defective products? The answer is no. Selling a defective product can lead to legal consequences for the manufacturer or seller.
Types of Defects
There are three types of defects found in products: design defects, manufacturing defects, and warning defects.
- Design defects are inherent in a product’s design, which causes it to be dangerous even before the manufacturing process.
- Manufacturing defects arise while a product is being made due to problems in the production process.
- Warning defects refer to products that have inadequate warnings, labels, or instructions, which fail to alert consumers about potential dangers associated with using the product.
Warranties are promises made by manufacturers regarding the product’s quality and performance. These include express warranties and implied warranties. Express warranties include specific promises made in writing or verbally about particular aspects of the product, while implied warranties refer to the implied promise that the product is fit for its intended purpose.
Consumer protection laws – including NRS § 695E.090 in Nevada – enable consumers to be protected from defective products, misleading statements or advertising, and unfair business practices. The laws aim to hold the manufacturer or seller accountable during the manufacturing process or in marketing the product.
Legal Remedies for Defective Products
When a manufacturer, distributor, or retailer sells a defective product, it is responsible for the injuries, illnesses, or deaths that result from the product’s defect. Legal remedies available to individuals who suffer from a defective product include filing a product liability lawsuit, warranties, and consumer protection laws.
A product liability lawsuit is typically brought against the manufacturer or seller of the product, claiming that the defective product caused injury or harm to the plaintiff. The plaintiff can sue for compensation for economic and non-economic damages, including medical expenses, lost wages, and pain and suffering.
Proving a Product Liability Claim
To file a product liability lawsuit, you will need to prove that the product was defective and that the defect caused your injury. This can be done by providing evidence such as expert testimony, product testing, and documentation of the defect. Additionally, you will need to show that you were using the product as intended and that you suffered damages as a result of the defect.
It is important to note that product liability lawsuits can be complex and difficult to win. However, if you have suffered injuries due to a defective product, it is worth speaking with a product liability attorney to discuss your options.
Contact H&P Law for a Consultation
It is illegal for businesses to sell defective products. If you are injured due to a defective product, there are legal remedies available to you. Schedule a free case evaluation with our attorneys at H&P Law to discuss your situation. Call (702) 598-4529 today.
