The product liability lawyers at Nevada Accident Injury Lawyers in Las Vegas work with clients throughout the state. If, after reading this article, you have more questions, we invite you to contact us for a free consultation.
What Are Manufacturing Defects?
If the product that injured you or your loved one was defective due to a manufacturing defect, this means that there was an error in the assembly of the product.
Based on strict liability theory, a manufacturer is liable for any defects that occur during the manufacturing process. In this type of case, we will have to prove that the defect was responsible for your injuries and was present when the product left the factory.
What Are Design Defects?
A design defect happens when a flaw is present in the original blueprint for the product that caused your injuries. A design defect will be present in all of the manufacturer’s products.
To determine whether a design defect was responsible for your injuries, three questions must be asked. They are:
Was the design of the product unreasonably dangerous before it was produced?
Was it possible to anticipate the product design could harm a user?
Could the manufacturer of the product have used a better design that was economically feasible and would not change the purpose of the product?
If the answer to any of these questions is yes, you may be able to file a design defect claim and should contact one of the product liability attorneys at Nevada Accident Injury Lawyers.
Failure to Warn
A lawsuit for product liability can be filed if a manufacturer failed to warn you of any potential risks. Any warning should be clearly visible and as close to the area of a potential hazard as possible.
The American National Standards Institute is responsible for maintaining rules and regulations for safety symbols and product safety signs, and labels. This organization has mandated that the label should be made with the life expectancy and the typical setting of the product.
What Are the Types of Product Liability Lawsuits in Nevada?
Generally speaking, there are three types of product liability cases in Nevada. They are negligence, strict liability, and Breach of Warranty.
In a case of negligence, you must be able to show the court that the carelessness in the manufacture or design of a product led to you or your loved one’s injuries. You and your Nevada product liability attorney must also be able to show that there was a responsibility on the part of the manufacturer to sell a safe product and that they breached this duty.
Many product liability cases are filed under the theory of strict liability. In these types of claims, you only have to prove that a product defect existed and that you were injured as a result of that defect.
If a defect exists, the manufacturer can be held strictly liable for your or your loved one’s injuries, regardless of whether they exercised caution and care when manufacturing the product.
Breach of Warranty:
When an item is sold, there are two warranties you may rely on. These are express warranty and implied warranty. A breach of warranty lawsuit covers anybody who would reasonably use the product.
Express warranty is any representation of a product and its safety made by the retailer or manufacturer. An implied warranty is an implied promise by the manufacturer or other liable party that the product, if used as intended, will not cause you to be harmed.
What Are the Elements of a Successful Product Liability Claim in Nevada?
In a product liability lawsuit, you are required to prove:
1. You were injured or suffered a loss
Without an actual injury or damage, you will not have a claim.
2. The product was defective
You must be able to prove that the product had a design or manufacturing defect, or that the company did not warn you of the risks of the product.
3. The defect was the actual cause of your injury
The injury you suffered had to have been caused by the defect in the product. The product must have also been the proximate cause of your injury. The defendant will not be liable when an intervening act superseded the defective product as the proximate cause of the injury.
4. The product was being used as intended
That the product was being used how the manufacturer intended or how the manufacturer could expect a reasonable person to use their product.
What Damages Can I Recover in a Nevada Product Liability Lawsuit?
If you or a loved one was injured by a defective product, in a successful lawsuit you may be able to receive the following damages:
1. Medical Expenses
Past and Future
2. Lost Wages
3. Pain and Suffering
4. Emotional Anguish
5. Compensatory Damages
This type of damages is intended to make you ‘whole’ again after your accident or injury.
6. Special Damages
This type of damages is to reimburse you for any out-of-pocket expenses or financial loss such as your medical expenses, lost wages, etc.
7. General Damages
These types of damages are meant to reimburse you for losses that can’t easily be calculated. They normally include pain and suffering, etc.
Injuries to you or your loved one as a result of a defective product can end in physical, emotional, and financial stress on you and your family. The product liability lawyers at Nevada Accident Injury Lawyers may be able to help you and may be able to recover all the monetary compensation for your injuries that you and your family deserve.