You may be entitled to compensation if you have suffered severe injuries caused by a product malfunction or defect. Claims like these are often complicated, so working with a dedicated product liability lawyer in Las Vegas at H&P Law may be in your best interests.
With multiple parties potentially sharing liability for the accident, it is crucial to identify all parties who may be at fault for your damages.
A highly qualified Las Vegas personal injury lawyer will thoroughly investigate the cause of your accident. With more than 60 years of combined experience, our team works to identify all responsible parties and pursue compensation for your losses. We advocate for you when companies try to avoid taking responsibility, so you are not left without options.
Explaining Strict Product Liability
Product liability cases have a distinguishing characteristic. The plaintiffs, through their product liability attorneys, need not demonstrate any degree of fault.
This is called strict product liability. In other words, in a product liability case, the designer or manufacturer of a defective product is liable for injuries caused by the defective product, no matter how careful they were to make the safest products.
In a product liability case, fault is irrelevant. Instead, if the defendant is in the distribution chain, they make money from the product. The designer, manufacturer, distributor, wholesaler, retailer, and other third parties may be liable for injuries caused by a defective product.
While this means that you do have a right to recovery, it doesn’t necessarily mean that obtaining compensation is easy. As a result, we encourage you to seek the help of an experienced product liability attorney in Las Vegas who knows how to hold manufacturers accountable.
Who Can’t Be Strictly Liable for Injuries Resulting from Unsafe Products
Anyone not in the chain of distribution cannot be strictly liable for injuries resulting from unsafe products. That means you cannot be held liable if you buy an unsafe product and then loan it to your friend.
But the store you bought it from still can, as long as your friend is a foreseeable user of the product. For instance, it is foreseeable that you would let your friend use your lawnmower, but it is not foreseeable that you would let your friend’s kid use your bulldozer. Talk to the team at H&P Law today about your case.
Understanding Nevada’s Product Liability Laws and What They Mean for Consumers
Nevada’s product liability laws are grouped together in NRS: Chapter 695E. In these laws, Nevada defines the scope of product liability to include physical, emotional, and/or property damages caused by “manufacture, design, importation, distribution, packaging, labeling, lease, or sale of a product. ”This definition creates a broad category in which accidents can occur, and parties can be held liable.
There is a considerable expectation that manufacturers and all parties involved in the distribution chain exercise the utmost care in performing their job duties. Nevada’s product liability laws set the bar for what’s expected and establish the guardrails that protect the public.
Because strict liability applies to these cases, it often makes it easier for victims of defective products to recover their losses, as they don’t have to prove fault. Instead, they only have to show that the product was faulty and resulted in harm.
Product Liability Statistics
Designers, manufacturers, and vendors can all be held responsible for dangerous products with the help of a product liability attorney. Billions of products enter the market every year, and countless preventable injuries occur due to consumer products.
The U.S. Consumer Product Safety Commission’s (CPSC) most recent annual report estimates that more than 14 million emergency room visits were due to consumer products. The report also shows that the cost of emergency care can range from $17,705 to $1,023,779, depending on the type of product involved in the accident.
These accidents can have profound physical and financial ramifications for victims, as evidenced by the data above. Most of those who’ve been hurt in such a manner do not realize that someone else may be responsible. But your product liability lawyer will. We will stop at nothing to identify those responsible so you can get the most out of your claim.
Types of Product Liability Cases in Las Vegas
There are generally three types of Nevada products liability claims for defective products: manufacturing defects, design defects, and failure-to-warn.
If a product causes you harm, you should consult a product liability attorney who works at a product liability law firm. Our product liability team in Las Vegas includes:
- Las Vegas defective brakes lawyers: Faulty brakes can lead to devastating accidents. We hold manufacturers and other responsible parties accountable when defective brakes cause injuries.
- Las Vegas defective car seat lawyers: Car seats are meant to protect children, but design or manufacturing flaws can put them at risk. We help families pursue justice when defective car seats cause harm.
- Las Vegas defective chair lawyers: A collapsing or poorly built chair can cause serious falls and injuries. Our team investigates and seeks compensation from negligent manufacturers or property owners.
- Las Vegas defective crib lawyers: Babies and toddlers can be seriously injured by unsafe cribs. We fight for families when defective crib designs or manufacturing errors lead to preventable harm.
Nevada personal injury laws make it clear that if a product manufacturer or distributor knows of a risk, they should warn of it or avoid it.
However, mistakes, errors, and oversights are very common, and consumers unfortunately suffer the consequences. Under these laws, victims who can demonstrate their losses can file a claim for the damages they suffered from the at-fault party.
Strict Liability in Nevada
Notably, the state has a strict liability standard, which does not require that fault be established in all cases. Rather, the manufacturer could be held strictly liable if a product is defective and causes injuries as a result of that defect, even if they were not negligent in causing it. Nevada’s product liability law stems from strict tort liability that was initially established in 1966.
In Shoshone Coca-Cola Bottling Co. v. Dolinski, the court allowed victims to recover damages without proving negligence when a product is unreasonably dangerous. The Nevada Supreme Court adopted this tort liability for defective products in a case involving a mouse in a drink. The ruling held the supplier responsible for the consumer’s safety.
Other cases have also helped establish this precedent in the state, including Ginnis v. Mapes Hotel Corp., a case dating to 1970. This case set out three categories of defect: manufacturing defects, design defects, and failure to warn.
Another critical case was Ford Motor Co. v. Trejo, a 2017 case in which the court affirmed that, for design defects, victims must show that a safer, commercially feasible alternative existed.
Understanding the Dangers of Manufacturing Defects
A knowledgeable Las Vegas product liability attorney will tell you that manufacturing defects result from an error in the manufacturing process.
This may include the use of poor-quality materials or shoddy workmanship. When product liability cases arise from manufacturing flaws, only part of the product line is defective because it deviates from the intended design in a way that makes the product dangerous. Examples of a manufacturing defect include:
- A component with a missing part
- The wrong part is being installed
- The right part is being installed incorrectly.
As such, these flaws can endanger consumers by threatening their safety and ability to use a product. Manufacturing defects can occur in a variety of products and cause various degrees of harm.
Design Defects Can Have Profound Implications
Design defects, by contrast, predate the manufacturing process and result in an inherently dangerous or useless product, even with high-caliber product manufacturing.
Design defects are due to poor design, not to poor assembly. In a product liability lawsuit for a design defect, every product with that design is defective, not just some. Design defect examples include:
- Airbags or phones that explode
- Heating blankets that spontaneously combust
- SUVs that roll over when cornering.
Design flaws undermine a product’s fundamental integrity and can be detrimental to unsuspecting consumers. These defects put a broader segment of the public at risk, given the inherent problems in a product’s makeup and structure.
Failure-to-Warn Cases Pose Unique Dangers
Failure-to-warn cases involve products with non-obvious dangers. The issue is that the products don’t come with adequate warnings that, if included, could prevent all or some of the danger.
These cases don’t require the product to have a flaw in the design or manufacturing process. Instead, the products are inherently dangerous and lack warnings about potential hazards and proper use. Examples of failure to warn include:
- Medical labels that don’t have directions on dosages or side effects
- Potential conditions or dangers when using chemicals
- Dangers when using machinery, and so much more
Warnings are essential for user safety and for ensuring products are used as intended. Without these warnings, consumers are exposed to avoidable risks.
Defective Products Have a Significant Impact on the Public
Defective products have a significant impact on the public in many ways. These products can cause severe injuries or even death. In turn, this places a heavy financial burden on consumers, who face expensive medical bills and reduced income if they can’t work. Some injuries and losses caused by defective products can also take a toll on an individual’s emotional and mental health.
Defective products also affect manufacturers and sellers. Not only are they liable, but they can also damage their public reputation when consumers sustain injuries from their products. This can also be quite costly for manufacturers, as they face settlement payouts, recalls, and additional production costs.
Consumers affected by a defective product should be aware of the five mistakes to avoid when filing a product liability claim to ensure they get the resources they need and lessen the impact of the defect. Lawyers can provide guidance and protection to help your claim go smoothly and avoid issues that could hurt your claim.
Establishing Liability in a Negligence-Based Claim
Some defective products result from negligence. In these situations, claims are based on negligence rather than strict liability. When it comes to product defect claims and manufacturer negligence, victims must demonstrate the manufacturer’s fault. This is where having a skilled lawyer’s help is incredibly important.
To establish a manufacturer’s liability, you will need plenty of evidence to show their role in creating the defective product, what was wrong with the product, and what you suffered as a result. Your lawyer will use this evidence to establish the manufacturer’s duty of care to you, their breach of duty, how they caused your injuries, and what damages they must pay for.
Some common ways that manufacturers may exhibit negligence include using poor materials, failing to check the product’s quality or safety, or failing to train workers properly.
When this happens, negligence claims can be filed against the manufacturer. Talk to a lawyer after you’ve been injured to determine if you have a strict liability or negligence claim.
The Statute of Limitations in Nevada for Product Liability
In Nevada, acting quickly benefits the victim by ensuring that evidence remains accessible. However, the statute of limitations in the case stemming from most product liability claims is four years, according to NRS 11.190. That is a critical law to keep in mind.
If you suffer an injury from a product, you may need time to heal or work towards rehabilitation to understand your injuries and their long-term impact. However, if you wait beyond that timeframe, the court will not hear your case. As a result, you will have no way to seek legal action to recover your damages. This applies four years from the date of the injury to seek a lawsuit.
There are some exceptions to this rule, including in situations where the victim was a minor child under the age of 18 at the time of the accident. The statute of limitations does not start in these cases until the child turns 18. This can extend the length of time available in some situations.
A Product Liability Attorney in Las Vegas Helps Recover Compensation for Victims
Injury victims should be reimbursed for every single loss they experience and the ways their lives have been affected by the accident. Your product liability lawyer in Las Vegas will closely calculate your damages to ensure you receive fair compensation. It is up to you, the victim, to show what your losses are and that product liability applies in your case.
To do this, our Las Vegas product liability lawyer will gather evidence to support your claim, such as photos or video of what occurred, evidence of the manufacturing defect, or the lack of warnings. We will research the circumstances of your case to establish product liability without question.
Once we do that, we can then build your claim, which could include far more than you may expect. If you were hurt in a product liability accident, we strongly recommend working with our legal team to explore all potential losses you have. Here are some of the most frequently awarded types of damages in product liability insurance and civil claims.
Victims May Be Able to Receive Both Economic and Non-Economic Damages
Economic and non-economic damages collectively include your financial losses and the ways your life has been affected by your injuries and the accident that caused them.
Economic damages are monetary, and non-economic damages cover all other losses. Some examples of what damages can be recovered in a personal injury case involving defective products could include:
- Loss of household services
- Lost wages
- Pain and suffering
- Indignity and embarrassment
- Permanent disability
- Diminished earning potential
- Emotional distress
- Disfigurement and skin scarring
- Loss of consortium
- Reduced quality of life
The recoverable damages in your product liability claim are comprehensive, meaning that if you can demonstrate your injuries and losses are due to the negligence of others, you can seek compensation for them. Recoverable damages can be hard to show in some cases, which is why it is so important to work with a skilled legal team capable of helping you.
Loss of Life Claims in a Product Liability Case
In some tragic situations, people lose their lives due to the negligence or liability of a manufacturer. If this has happened to your loved one, seek the guidance of a highly skilled legal team that will work aggressively to help you get justice. You may be owed compensation for financial losses, including funeral expenses, burial costs, and end-of-life medical care.
Do not settle a claim like this, as it could mean putting your future on the line. Let our Las Vegas wrongful death lawyer help you instead.
Common Defenses in Product Liability Cases
The manufacturer or other responsible party is likely to take action to try to limit your right to recover damages. Our product liability attorney in Las Vegas will seek out all available evidence to minimize this risk.
However, you should be prepared for defense strategies such as:
- Alterations or modifications were made to the device after it left the manufacturer’s control, which created the new hazard
- The manufacturer believes you misused the product or operated the product in an unforeseeable or unintended manner, causing the injuries you suffered
- Assumption of risk indicates that the victim was fully aware that using the product involved some specific danger, and continued to use the product anyway
- Compliance with standards claims indicate that the manufacturer believes it met or exceeded government or industry standards related to safety regulations
- State-of-the-art defense is a claim used to show that the product was designed using the best possible technology or knowledge available at the time
In these defenses, the manufacturer may aggressively claim they are not at fault. With the help of our product liability lawyer in Las Vegas, it becomes possible to build a claim that is hard to refute in such a way.
Get Help from a Las Vegas Product Liability Lawyer From H&P Law Today
Product-defect cases are complicated because no two products and no two defects are alike. Defective product cases often involve multiple parties, experts, and tens of thousands of documents. Manufacturers and vendors tend to be high-dollar corporations that retain sophisticated attorneys to defend them.
If a defective product has injured you, you need a fearless and detail-oriented product liability attorney who can advocate on your behalf. H&P Law is here to protect your rights.
Contact our Las Vegas product liability attorney by phone or through our quick contact form for a 100% free consultation.
