If you are hurt by a defective product, you should know that multiple parties may be legally and financially responsible for harm you suffered. Simply put, any party involved in the product’s distribution chain can be held liable. These parties typically include the following, depending on the specific circumstances:
- Product Designer: If the design of the product posed a foreseeable risk to consumers, even if manufactured correctly, the product designer could be held responsible because the product is inherently dangerous due to its design;
- Manufacturer: If any manufacturer(s) caused the defect—whether because a part was defective or the product was built improperly—then those involved in the product’s development can be named as a defendant in the lawsuit;
- Distributor or Wholesaler: Any other company or “middleman” involved in the distribution of the defective product can be held liable to include the supplier, wholesaler, or distributor even if the injury was not directly their fault;
- Retailer: An injured victim may also have a claim against the retailer that sold the defective product to the consumer simply because it put a dangerous product into the marketplace, even if you purchased the item second-hand.
- Marketers and Others: Sometimes a product’s marketing is defective because of a failure to warn consumers properly but also engineers, contractors, outside consultants, and others involved in the defective product’s creation and distribution can be held liable.
Determining Liability
Often times in product liability cases more than one party can be held financially and legally responsible for injuries resulting from a defective product. For this reason, it is important to establish liability, and a court must determine if the defendants are jointly and severally liable. If a Nevada court finds this, an injured victim has the legal right to pursue any of the defendants for the entirety of the damages instead of attempting to collect a part from each. Should a defendant be found responsible, they can then seek contributions from the others to make payment.
Like many other types of legal matters, many product liability matters are settled before the parties reach the courthouse. Attorneys often try to negotiate an out-of-court settlement, detailing each defendant’s portion of liability for harm suffered by the injured plaintiff. Once an agreement is finalized, each defendant is held accountable for paying part of the settlement to the plaintiff. Typically, a product liability claim is based on state law and is brought under one of three theories — breach of warranty, negligence, or strict liability. Nevada law follows strict liability, meaning that the injured plaintiff need not prove negligence by any party but just that the product was defective, used in a manner that is reasonable, and caused harm.
Contact Our Attorneys
Experiencing injuries due to a defective product can cause stress. This can make it difficult to determine the best way to move forward. Whether you have never been involved in a lawsuit before or you have had to litigate before, trying to navigate the legal system on your own is a hard task. Victims should remember that it does not matter the severity of their injuries or what product caused the harm; they have options under Nevada law. Contact our attorneys at H&P Law today to learn how we can help.
