Las Vegas
Product Liability Lawyer

Product Liability Law

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.

Types of Defects

There are myriad ways in which a product can be defective. However, a vast majority of defects fall into one of three categories:

• Design Defects: When a product suffers from a design defect, it means the manufacturer did not devise and plan the product in such a way that made it as safe as possible. The defectively designed product has a preventable and unreasonable risk of causing harm. Design defects impact every unit of the product produced. For example, a toy meant for children under the age of 2 years may have small parts that the child can remove from the toy. These small parts would be choking hazards for young children.
• Manufacturing Defects: A product may be well-designed but become defective when something goes wrong during the manufacturing process. Possible manufacturing defects are lack of sterility for medical products, improper labeling, foreign substances in a product, presence of a harmful virus or bacteria, and improper and weak materials to make the product. A manufacturing defect can impact one or many units of the product. For example,
• Warning/Marketing Defects: A product may be well-designed and properly manufactured but lack necessary warnings. Not all products can be entirely safe. Many products come with inherent risks that consumers must pay attention to. Power tools can cause harm if used incorrectly. Personal products can be dangerous if digested. Food that includes a common allergen could lead to a severe allergic reaction. Lack of warning defects may impact all or some units of a product, depending on whether the manufacturer never intended to include a warning, or the product lacked informational materials on or in the packaging.

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.

Theories of Liability

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:

• Strict Product Liability: Under strict liability, a party can be held liable for injuries without you having to prove the party was negligent or reckless. Strick liability in Nevada applies to defendants who manufactured, distributed, or sold defective products that cause one or more consumers harm. To obtain compensation, you have to prove the defendant is liable under Nevada’s product liability law, and the product caused an injury. The defendant must have been responsible for the product, and the product must have been defective when it left that business’s possession. You also must show you were using the product as intended or in a foreseeable way.
• Product Liability Negligence: If strict liability does not apply to your case, then your product liability attorney may argue the business was negligent. Negligence means the business owed you a duty of care, breached that duty of care, and the breach caused you harm. Businesses that design, create, and sell products are required to act reasonably—it is their duty of care. Your lawyer may present evidence that the business failed to act reasonably, which led to the defective product. For example, maybe a food manufacturer failed to follow all food safety regulations and best practices, which allowed for contamination.
• Breach of Warranty: After being injured by a defective product, you may claim another party breached an implied or express warranty. A warranty is a promise or a guarantee. Two common implied warranties are the implied warranty of merchantability and the implied warranty of fitness for a particular purpose. These warranties are granted by law though the manufacturer or seller may not articulate them. Businesses can express other promises through their advertisements, websites, and other materials. A breach of one of these promises may lead to a dangerous defect in a product, which causes you harm.

Was There a Recall for the Product?

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.

Defective Product Compensation

If you are injured because of a defective product, talk with a product liability lawyer about demanding compensation for your past and future:

• Medical bills
• Lost income
• Property damage
• Out-of-pocket expenses
• Pain and suffering
• Emotional distress
• Disfigurement
• Disability
• Reduced earning potential
• Occupational therapy or job training
• Loss of normal life
• Lower quality of life

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.

Comparative Negligence in a Product Liability Claim

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 Complex

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.

Statute of Limitations for Product Liability Claims

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.

We Handle Wrongful Death Product Liability Cases

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.