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Las Vegas Product Liability Lawyer

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Las Vegas Product Liability Lawyer

The sale and purchase of goods throughout the world is a phenomenon made possible by technology and ongoing transportation advancements. However, along with the ease of global shopping comes the added risk of defective products. Regardless of where you purchase a product, the manufacturer or distributor should be held responsible for any resulting injuries caused by a defective product.

Unfortunately, many product defects occur in children’s toys and other products geared toward babies, such as car seats and strollers. These defects can quickly become life-threatening when they fail to protect fragile newborns from harm. If you or a loved one have experienced injuries due to a defective product, you may be entitled to compensation. A Las Vegas personal injury lawyer can help protect your rights and fight for the compensation you deserve.

Nevada Product Liability

Product Liability

Nevada is a strict liability state, which means the burden of proof on behalf of the victim is lower than it would be in a pure negligence state. In a strict product liability claim, the victim only needs to prove the following:

  1. The product was defective
  2. The defect existed when it left the manufacturer or distributor’s possession.
  3. The product was used in a manner reasonably foreseeable by the manufacturer or distributor.
  4. The defect was the cause of injury to the victim.

Defective products can cause extreme damage to injury victims, whether a sharp piece of equipment flies off as a product is being used or a medicine is not properly tested before release to the public. There are three distinct types of defects covered by product liability.

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Manufacturing Defects

Manufacturing defects, which are the most common, involve products manufactured in a way that makes them dangerous to use or sell. This may be due to inadequate materials, poor workmanship, or other factors that make the product unsafe for its intended purpose.

An example would be if you bought a blender to make smoothies, and it exploded during use because it was poorly manufactured, injuring you in the process.

Design Defects

Design defects are problems with how a product is designed. A product designer may fail to consider certain circumstances surrounding the use of their design, such as whether it would be used by children or the elderly. For example, in Ford Motor Company v. Teresa Gacia Trejo (2017 No. 67843), the plaintiff filed a defective design case against Ford after her husband died in an accident.

Product designers must provide adequate warnings about foreseeable misuse of a device or substance so consumers can avoid accidents or injuries. If they fail to do so and someone is injured, they may be liable. For example, a chair that collapses under someone’s weight due to poor engineering would be considered a design defect.

Defective Warning of Foreseeable Misuse

This defect occurs when manufacturers fail to warn consumers about foreseeable risks associated with using their products incorrectly or unsafely – for example, using an electric drill without proper safety goggles.

Manufacturers and distributors have a high level of responsibility and must try to minimize any product defects and effectively warn consumers of dangers from certain foreseeable misuse.

Victims in product liability cases are entitled to bring a claim for general damages after using a product leads to serious injuries. Our firm’s Las Vegas personal injury attorney can help build your case.

Types of Product Liability Cases

Our Las Vegas product liability attorneys have experience handling various types of cases, including:

  • Dangerous drugs
  • Motor vehicles
  • Auto parts
  • Home appliances
  • Children’s toys
  • Electronics
  • Medical equipment
  • Machinery
  • Food products
  • Construction equipment and supplies

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Who Can Be Held Liable?

In some cases, more than one party can be held liable for your injuries. Here are some of the parties who may be held accountable for damages in a Nevada product liability lawsuit:

#1. Manufacturers

Manufacturers are responsible for ensuring that their products are safe for consumers before putting them to market – they must test their products before releasing them into the marketplace. If they fail to do so and the product causes injuries, manufacturers can be held liable under Nevada law.

#2. Distributors

Distributors sell goods to retailers but do not actually make the products themselves. For example, if you buy an item at Walmart but find out that it was manufactured by another company and sold by Walmart, Walmart may still be liable for distributing defective products.

#3. Government Agencies

The Nevada Department of Business and Industry is responsible for regulating industries and ensuring consumer safety. They also create regulations for how certain products should be designed or manufactured in order to ensure that safety standards are met. If a government agency fails to properly regulate products that end up injuring consumers, the agency could be liable.

#4. Advertisers

Advertisers may also be held responsible for injuries caused by their advertisement of a product. For example, if an advertisement misrepresents the safety or usefulness of a product, the advertiser could be held liable for any injuries that result from that product.

How a Las Vegas Product Liability Lawyer Can Help

After being injured by a defective product, one of the most important things you can do is to seek legal counsel. A product liability lawyer in Las Vegas can help navigate the complexities of your case and pursue the compensation you deserve by:

Proving Liability

In order to win a case against a manufacturer of a defective product, you must prove that the company was negligent and/or acted with intent to harm consumers. A lawyer can gather evidence to build your case.

Filing a Claim

Your attorney can handle this entire process on your behalf, gathering all relevant information and compiling it in a legal format.

Negotiating a Settlement

A lawsuit is not always necessary, especially if the defendant offers a reasonable settlement. A settlement avoids the uncertainty of litigation and having to relive the accident through depositions and trial testimony. Your Las Vegas product liability attorney can attempt to negotiate a fair settlement that protects your interests without going to trial.

Providing Legal Representation

If you decide that litigation is necessary, your Nevada personal injury lawyer will provide vital legal representation throughout your case. This includes filing all necessary paperwork, appearing at all depositions and hearings on your behalf, and arguing your case at trial.

Contact Our Las Vegas Personal Injury Attorneys Today

If a defective product injured you or a loved one, do not hesitate to contact the product liability team at De Castroverde Accident & Injury Lawyers. Our attorneys have many years of experience in assisting clients with personal injury claims that stem from defective products. In some cases, the product does not even have to be used in its intended manner for the manufacturer to be held liable.

To learn more, contact our Las Vegas offices today for your initial free consultation.

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What Can We Help You With?

In addition to product liability, De Castroverde Accident & Injury Lawyers have expertise across a variety of personal injury cases, including:

A History of Results

Attorney Orlando De Castroverde explains why De Castroverde Accident & Injury Lawyers put clients first in every possible way.

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When To File a Personal Injury or Neglect Case

Personal injury cases are filed when a person has seen their life negatively impacted by preventable actions taken by another party. In car accident cases, this means that the at-fault driver has to provide compensation to the impacted party. In cases of nursing home injuries, the nursing home is the at-fault party when a resident is injured in an avoidable situation.

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