Suffering an injury from a defective product can leave you with severe pain, expensive medical bills and uncertainty about your future. At Koch & Brim, LLP, our product liability lawyers can help you understand your legal rights in this situation. You may be entitled to compensation for your losses if a defective or dangerous product injured you or tragically took the life of a loved one.
Product liability cases in Las Vegas can be complex and require the knowledge of an attorney with experience navigating the legal system. Our attorneys have an in-depth understanding of the complex laws and regulations governing product liability cases in Nevada. We are committed to providing our clients with the highest level of legal representation. Contact us today to learn how we can help you with your product liability claim.
How Can a Las Vegas Product Liability Lawyer Help?
In a product liability claim, the adversary named as the defendant in your case will most likely be a product manufacturer or distributor. These are large defendants that often have powerful insurance companies and legal teams backing them. It may not be easy to go up against them or negotiate for the financial compensation that you deserve for a serious injury without assistance from an attorney.
Prevent an insurer from taking advantage of you. Hire an experienced Las Vegas product liability lawyer to represent you during settlement negotiations or a lawsuit. A lawyer will have the resources and staff to thoroughly investigate your case and preserve evidence to support it, such as records showing that the manufacturing company has had prior complaints or product recalls. Your lawyer can build your case for you while you focus on healing.
Common Types of Product Liability Cases
Product liability is a legal concept that entails the legal responsibility that manufacturers, distributors and retailers have to ensure the reasonable safety of their products. When products contain problems or defects that cause consumer injuries, product liability claims can hold manufacturers accountable.
Three types of product liability cases can arise from defects or hazards with consumer products:
- Design defects: when a product is inherently dangerous due to a poor design. For example, a ladder with an unstable base could be considered defective due to its design.
- Manufacturing defects: when a product is improperly manufactured or assembled, causing it to be dangerous or defective. An example is contaminated food or medicine.
- Marketing defects: when a product does not contain the proper safety warnings, labels or instructions. For example, a child’s toy that does not state it is only safe for ages 3+.
Manufacturers have a duty to ensure that their products are safe when used as intended. If they fall short of this responsibility, they may be held liable for injuries or damages resulting from a product defect.
What Kinds of Products Are Common in Product Liability Cases?
Virtually any product could end up at the center of a consumer injury legal action. However, certain types of products more frequently contain dangerous defects and threaten the safety or welfare of consumers more than others. The U.S. Consumer Product Safety Commission (CPSC) keeps track of all product recalls in the country so that the public can stay updated about potentially dangerous products.
The list often includes:
- ATVs and off-road vehicles
- Automobile parts
- Children’s toys
- Electronic devices
- Furnaces and boilers
- Lawnmowers and power tools
- Medical devices
- Strollers and childcare products
A product recall means that either the manufacturer or a safety organization, such as the CPSC, has become aware of issues or defects with the product that can potentially or already have injured consumers. A recall removes the item or product in question from shelves to protect the public. Unfortunately, recalls do not always come in time to prevent injuries and deaths.
Nevada’s Product Liability Laws
You may have the right to file a product liability case in Las Vegas if you have evidence that an item contained a defect and that this is what caused your injury or harm. You will also need to prove that you were using the product as the manufacturer intended at the time of your injury. If there is evidence of one of the three main types of defects – design, manufacturing or marketing – you may have a strict product liability claim.
A strict liability claim removes the burden of having to prove negligence from an injured party. Rather than having to establish that the manufacturing company or one of its employees was negligent, you or your lawyer will just need to show that the item is defective and caused your injury. If the strict product liability doctrine does not apply to your case, you may still be able to file a claim based on negligence or a breach of warranty. Breach of warranty means that the manufacturer failed to fulfill a promise or guarantee it made to its customers regarding the safety of a product.
Types of Compensation Available in a Las Vegas Product Liability Claim
There are many reasons to file a product liability lawsuit in Las Vegas, including bringing a manufacturing company’s negligence or dangerous mistakes to the attention of the public and seeking justice for your serious injuries. One of the main draws to take legal action, however, is to seek financial compensation for the bills and expenses caused by the incident.
You may be eligible for the following types of compensation as a victim of this tort:
- Past and future medical expenses
- Lost wages
- Property damage
- Pain and suffering
- Attorney’s fees and out-of-pocket costs
- Wrongful death damages
- Punitive damages
Discuss the potential value of your product liability claim with one of our Las Vegas personal injury attorneys. Unlike an insurance company, we want you to maximize your financial payout. You can trust the value that we place on your claim. We will not get paid unless you do.
Contact a Las Vegas Product Liability Attorney Today
The team of experienced product liability lawyers at Koch & Brim, LLP is committed to helping injured consumers in Las Vegas and throughout Nevada. Find out how we can help you and receive tailored advice for your specific circumstances during a free, no-obligation case consultation. Contact Koch & Brim directly at (702) 410-6034 or use our online contact form and we will get back to you as soon as possible.