If you or a loved one unexpectedly suffered an injury because of a dangerous product, contact a product liability lawyer right away. Whether you ordered a product online or purchased it at the store, you expected it to be safe to use. You expect that when you eat a salad at a restaurant, it won’t make you sick. You expect the hip implant the doctors used to help you, not harm you. Unfortunately, many products reach consumers despite not being as safe as they should be. The repercussions of those defective and dangerous products fall on your shoulders until you pursue legal action.
Contact Oronoz & Ericsson, LLC at (702) 878-2889 to discuss a product liability claim. Depending on the circumstances, the law may entitle you to pursue an action against a manufacturer, retailer, or other party.
Our personal injury lawyers offer free consultations.
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In general, businesses are responsible for designing and manufacturing products in such a way as to make them as safe as possible for their intended use. Businesses also are responsible for providing consumers with appropriate instructions, and when necessary, warnings about the potential risks of the product.
Manufacturers, retailers, and other businesses responsible for the creation and sale of products may be liable if a defective product causes one or more consumers harm.
If a specific product caused you harm, we recommend talking with a defective product attorney. Your lawyer will conduct a thorough investigation to determine if the product was defective in some way. If there is evidence of a design defect, manufacturing defect, or failure to warn, then you lawyer guide you in filing a lawsuit against the liable business.
There are myriad ways in which a product can be defective. However, a vast majority of defects fall into one of three categories:
When you are injured while using a specific product, you probably do not know whether the product had a design, manufacturing, or warning defect. That is not usually readily apparent. You need to work with a defective product lawyer to investigate the product and the manufacturing process.
We have handled product liability cases involving a wide range of products. Some of the most commonly defective products include:
Settlement for our client’s injuries after a Las Vegas car crash.Topic // Car Accident
Settlement for the tragic loss of a loved one.Topic // Wrongful Death
Recovered for a severely injured client after a motorcycle crash.Topic // Motorcycle Accident
When you file a product liability lawsuit, you have to give the court a reason as to why the manufacturer, retailer, or other party is liable for your injuries. In product liability claims, there are several potential theories of liability, including:
A company can voluntarily issue a recall for a defective product, or the government may force the company to issue a recall after it identifies a defect. You can use evidence of both voluntary and involuntary recalls during a product liability case. However, a recall does not guarantee that a manufacturer will be liable for your injuries.
On the flip side of the coin, a recall also does not automatically allow a manufacturer to escape liability. Attempting to correct an error does not prevent a court from holding a manufacturer responsible for the harm that error caused.
If you are injured because of a defective product, talk with a product liability lawyer about demanding compensation for your past and future:
Depending on the circumstances, the law may allow you to seek punitive damages. The damages above are meant to compensate you for your specific injuries. Punitive damages are meant to punish the wrongdoer instead. Punitive damages are not allowed in all cases. To win them, you must prove the defendant’s conduct was egregious or malicious.
Whether or not you were informed of a recall before the defective product accident and injury can impact your case. If you were or reasonably should have been aware of the recall and used the defective product anyway, the manufacturer may claim you are responsible for your injuries.
Another way in which the defendant can bring up comparative negligence is by claiming you used the product improperly or in an unforeseeable way. Using a product in a manner it is not intended to be used could weaken your case.
Under Nevada’s modified comparative negligence law, if you are 50% or more at fault for an accident and your injuries, the law prohibits you from receiving compensation. If you are less than half at fault, you can receive compensation, but it will be reduced by your percentage of responsibility.
If you are worried a manufacturer or retailer will say you were at fault, work with a product liability lawyer as soon as possible. Your attorney will prepare a strong case against the defendant as well as prepare to mitigate any allegations of your own liability.
Product liability cases are typically more complex than a standard personal injury claim. You will need to uncover evidence of what was wrong with the product, which is not an easy task. This is why it is best to speak with a product liability lawyer as soon as possible.
Our team at Oronoz & Ericsson, LLC will thoroughly research the product and investigate your specific circumstances. To gather all relevant evidence regarding the product and its defect, we may recommend filing a lawsuit against the manufacturer, distributor, or retailer. These businesses will have various records we must demand access to.
We also may recommend hiring one or more experts. An industry expert also will investigate the evidence regarding the product that caused you harm and provide an opinion regarding the manufacturing, design, or warning defect.
In Nevada, you have two years from the date of your injury to file a product liability lawsuit.
However, there may be exceptions that give you a longer timeframe. For example, it may have taken you time to learn your accident and injury was due to a defective product. You then have two years from the date you discovered or reasonably should have discovered the defect to file. Or, if you were under 18 years old at the time of the injury, you have two years from your 18th birthday to file.
Did you lose a parent, spouse, or child because of a defective product? When your relative’s death was the result of a defective and dangerous product, do not wait to call a product liability attorney. Contact Oronoz & Ericsson, LLC as soon as possible to discuss filing a wrongful death claim in Nevada.
Whether you are suffering an injury or mourning the loss of a loved one, we are here to help. Product liability claims are often complex, and in some cases, you may be part of a class action or mass tort claim.
Once we have a thorough understanding of your circumstances, we will advise you of the best next steps to take. We may recommend that we begin an in-depth investigation and file a lawsuit against the manufacturer and retailer. We will have a candid discussion with you regarding the value of your claim. We also will discuss the difficulties you may face in obtaining the full value through an insurance claim or court award.