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 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:
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.
Manufacturing defects, which are the most common, involve products that have been 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 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 as a result, they may be liable. For example, a chair that collapses under someone’s weight due to poor engineering would be considered a design defect.
This type of 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. A Las Vegas personal injury attorney from our firm can help build your case.
Our Las Vegas product liability attorneys have experience handling various types of cases, including:
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:
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.
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.
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.
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.
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:
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.
Your attorney can handle this entire process on your behalf, gathering all relevant information and compiling it in a legal format.
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.
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.
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.