May 27, 2021
If you or a loved one has recently suffered an injury due to a product, the manufacturer may be liable. These types of personal injury cases are referred to as product liability suits. They’re not simple or straightforward cases and, therefore, require an experienced and skilled lawyer to help you get good results.
What you need to know is that businesses that manufacture or sell products are legally obligated to ensure their products are safe. If they’re not, the manufacturer and others can be held accountable for injuries or deaths caused by using the product.
There are countless ways a product can cause injuries. However, the law recognizes three types of defects concerning product liability cases. They include (1) design defects,
(2) manufacturing defects and (3) marketing defects.
The plaintiff (injured party) must show that the defective product caused his or her injury to prove liability. In many cases, product liability cases can be challenging to prove, especially when the defendant is a large corporation or other factors may have contributed towards the injury.
Working with an experienced products liability lawyer can drastically improve your likelihood of receiving maximum compensation for your injuries. Contact Paul Padda Law today at (702) 366-1888 or reach out online to schedule a free, initial case consultation.
What Are Product Liability Cases?
Consumers who have been injured as a result of a defective product can file a product liability case. According to NRS 659E.090, Nevada defines “product liability” as:
“Liability for damages because of any personal injury, death, emotional harm, consequential economic damage or damage to property, including damages resulting from the loss of use of property, arising out of the manufacture, design, importation, distribution, packaging, labeling, lease or sale of a product, but does not include the liability of any person for those damages if the product involved was in the possession of that person when the incident giving rise to the claim occurred.”
Some companies knowingly manufacture and sell defective products. However, they don’t have to be aware of the dangers or be negligent to be liable for injuries caused. Certain product liability lawsuits are based on “strict liability,” which means a liability that doesn’t depend on negligence or ill-intent.
Before you file a claim or pursue a lawsuit, you must know what type of defect caused the injury and why the product was dangerous. Learn more about the different defects recognized by Nevada laws below.
Just as it sounds, a design defect is an issue with how the product is designed. A design defect claim can be brought against manufacturers, distributors, or suppliers when “reasonably foreseeable risks of injury” might have been avoided or decreased if they used a different design.
Manufacturing defects are not intentional. They occur when the product is different from the design and becomes more dangerous than a consumer reasonably expects. For example, the installation of the wrong parts of a product can lead to hazardous manufacturing defects.
Manufacturers are required to adequately warn consumers of potential risks assumed when using their products. If they fail to warn consumers, they may be held liable for injuries and deaths caused by their negligence.
For instance, if a prescription medicine is known to cause dangerous side effects, but the manufacturer doesn’t warn consumers, they may face a lawsuit or a product liability claim.
The Evidence Required to Win a Defective Product Liability Lawsuit
Every product liability case is different. To increase the likelihood of winning your case and receiving maximum compensation, you must prove the following:
- You’ve been injured.
- Your injury was caused by a defective product or lack of appropriate warning.
- You were using the product as it was intended to be used at the time of the injury.
Furthermore, you only have a specific amount of time to file a product liability lawsuit. In Nevada, the statute of limitations for product liability cases is two years from the injury date. If the product causes a death, the statute of limitations is also two years from the date of the death.
If it can be produced, it can be defective. Most products fall under product liability laws. However, there are certain exemptions for firearms. Consumer products that can be included in these types of personal injury claims include, but are not limited to:
- Cars, motorcycles, and other types of vehicles
- Mechanical parts and machinery
- Electronic devices
- Medical devices
- Toys, strollers, and cribs
- Vehicle tires
- Construction equipment
Any commercially available product can face product liability suits, making for complex litigation if your case goes to court. If you’ve suffered an injury due to a defective product, it’s in your best interest to consult with a proven personal injury lawyer in Las Vegas as soon as possible.
If you or a loved one was injured as a result of a defective product, you have the right to compensation for your injuries and other relevant damages such as:
- Medical bills and treatment
- Lost wages and loss of future wages
- Pain and suffering
- Loss of enjoyment of life and emotional trauma
- Property damages
- Cost of rehabilitation
You may be eligible to recoup other damages as well. Consult with a skilled product liability lawyer in Nevada to determine what types of damages you’re entitled to.
When a defective product has injured you, time is not on your side. It’s in your best interest to document your injuries, how you were using the product at the time of the injury, immediately seek medical attention, and contact a Las Vegas personal injury lawyer.
At Paul Padda Law, we understand the complexities of product liability claims. Our experienced attorneys will help you gather information, investigate your case’s details, negotiate a settlement, and take your case to trial if necessary Contact Paul Padda Law at (702) 366-1888, or reach out online to schedule a free, initial case consultation.