When you suffer an injury due to a defective product, you have the right to seek injury compensation from its manufacturer. Our Henderson product liability lawyers stand up to powerful manufacturers to hold them accountable for the harm you sustained.
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What Does Product Liability Mean?
Product liability is a legal claim used to hold a person or business responsible for injuries caused by a defective product. Nevada law imposes strict liability on manufacturers and others in the supply chain.
This means a retailer, distributor, or manufacturer is liable for product-related injuries even if they were unaware of the defect. After winning a case, an injured consumer can recover compensation for both economic and non-economic losses.
The Process for a Product Liability Case
After a defective product causes an injury, a Henderson product liability lawyer can advise and represent you. Our attorneys start by reviewing your situation and explaining your legal options.
Your lawyer then investigates the product to determine its record of injuring users. This research helps the lawyer develop a strategy for dealing with the manufacturer.
Next, they contact the manufacturer and notify them of the claim. If the manufacturer refuses to settle, your lawyer takes your case to trial.
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Product Defect Types
Nevada law offers specific options for proving a product’s defects to your product liability attorney in Henderson. County district courts can hold companies liable for three types of defects:
Design Defect
A design defect makes a product inherently dangerous. Your Henderson product liability attorney must prove that the design of the product makes it so dangerous that it has no safe uses. Lawn darts are an example of a product with a design defect.
Manufacturing Defect
Manufacturing defects occur at the factory. These defects involve products that are typically safe but are rendered dangerously defective when made or assembled incorrectly. For instance, Bridgestone/Firestone tires contained a manufacturing defect because one factory improperly applied a layer of adhesive.
Warning Defect
Warning defects can happen in two ways. First, a product has a warning defect if the manufacturer fails to explain its safe use.
Second, it could also have a defect if the instructions fail to warn against a dangerous misuse. Roundup pesticide allegedly has a warning defect.
The Elements Required in a Henderson Product Liability Case
Your Henderson personal injury attorney does not need to prove that the defect was intentional or even that the manufacturer knew of the defect. Instead, they only need to prove the following elements:
- The product had a defect
- The defect existed when it left the manufacturer’s hands
- The defect caused your injury
Once you prove liability, your attorney must prove the losses you suffered. The losses you can recover for your injuries include medical bills, lost income, diminished earning capacity, and pain and suffering.
Types of Product Liability Cases
Product liability cases can cover many types of goods. Some common product liability case types include the following:
Toxic Exposures
Toxic chemicals like pesticides, asbestos-containing talc, and lead pipes can cause cumulative tissue damage or terminal diseases in people exposed to them over a long period.
Dangerous Products
Dangerous products include defective vehicles, tools, or even beds that injure people when they break or malfunction.
Tainted Food
Food contaminated with chemicals or infectious microorganisms can cause severe illness or even death when consumed.
Defective Product Examples
The following defective products can lead to injuries and product liability cases:
- Cosmetics
- Vehicle parts
- Medical devices
- Surgical instruments
- Pharmaceutical products
- Pesticides and herbicides
- Tools
- Safety devices, like hardhats and helmets
- Food products
- Asbestos-containing products
- Toys
Courts often apply a risk-benefit test when determining whether a product has a defect. Products with greater benefits, such as drugs for severe diseases, may not be defective even if they pose minor risks to users. Conversely, products with few functions but a high risk of wrongful death, like toys, can be categorized as defective.
What Should I Do After a Defective Product Injury in Henderson, NV?
The actions you take after suffering an injury from a defective product can determine the course of your injury claim. You should consider taking the following steps after suffering a product-related injury:
Seek Medical Attention
Seeing a doctor or calling an ambulance will ensure that you receive essential medical care and document your injuries.
Preserve the Product
Keep the product so your Henderson product liability lawyer can examine it and its defects. Your attorney may need to send the product to an expert witness for analysis.
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Personal injury claims allow injured victims to seek justice and compensation. Contact us for a free consultation with an experienced Las Vegas product liability lawyer who was voted Best in Las Vegas.
Do I Need a Product Liability Lawyer?
You should contact a product liability lawyer when you suffer an injury that results in losses. Remember that all reasonable and necessary economic and non-economic losses are recoverable in a product liability lawsuit.
A Henderson product liability lawyer works with experts to identify the defects in the product and pursue claims against the manufacturer for the losses they caused. They accomplish this by negotiating and litigating for a full and just outcome.
Contact Our Experienced Product Liability Attorneys in Henderson, NV
A dangerous and defective product can leave you with painful and disabling injuries. You may even face a terminal illness. These health problems can require expensive medical treatment and diminish your quality of life.
Contact Adam S. Kutner, Injury Attorneys, for a free consultation to discuss the products that injured you and your options for pursuing injury compensation for your losses. You can call us at (702) 382-0000 or click here for your free consultation
Areas We Service in Henderson, Nevada
Anthem | Black Hills | Calico Ridge | Foothills | Gibson Springs | Green Valley North | Green Valley Ranch | Green Valley South | Highland Hills | Lake Las Vegas | Macdonald Highlands | Macdonald Ranch | Mccullough Hills | Midway | Mission Hills | Paradise Hills | Pittmann | Regemcy Hills | River Mountain | Seven Hills | Southfork | Stags Leap | Townsite | Whitney Ranch