Were you injured by a dangerous or defective product in Las Vegas? You shouldn’t have to pay for the negligence of someone else. If a large corporation put their own bottom line ahead of your safety, a Las Vegas product liability lawyer at Blackburn Wirth Injury Lawyers can help you hold the product designer, manufacturer, and other liable parties accountable for your injuries.
What Are Product Liability Cases?
In the United States, product manufacturers, retailers, and everyone in the product distribution chain owes a duty to consumers to provide products that are reasonably safe when used as intended. Consumers must be provided with instructions, and they must be warned about the risks that accompany product use, if risks exist. If businesses fail in their duty, and a consumer gets hurt or killed, they are legally responsible for paying for the victim’s losses. That’s when you might go looking for a product liability attorney in Las Vegas, NV.
Types of Defects in Product Liability Cases
Products can be defective in various ways. The most common types of product defects a product liability attorneys in Las Vegas see involve design defects, manufacturing defects, and failure to warn.
Design Defects
A defect that results from the original design of a dangerous product is called a design defect. In most cases, designers and manufacturers do not become aware that their products are dangerous until a defective product accident happens. Defects in the design of a product often result in multiple consumers getting hurt because they exist in every unit that’s produced before the defect is identified.
Manufacturing Defects
Manufacturing defects happen during the production or manufacturing process. They may happen when an extra part is added to a product, when different parts or materials are used to make a product, when mistakes are made during production, or even when a product is contaminated with a hazardous substance. Even when manufacturers identify defects and recall products, they can be held liable for injuries to consumers.
Failure to Warn
Products must include warnings that notify consumers of the known risks involved with possessing or using a product. Examples include allergen warnings on food products, warnings about side effects on medications, and warnings on power tools and electrical appliances. When businesses fail to warn consumers about product risks, they can be held liable for injuries caused by marketing defects.
Types of Liability for Product Defects
No matter what type of defect caused your injury, you have several different ways you can recover compensation. An experienced Las Vegas product liability lawyer can help you determine how to move forward.
Strict Liability
Nevada is a strict liability state, which means you only need to prove that you were using the product in a foreseeable way or in the way it was intended, a defect in the product caused an injury, the defendant was responsible for the product, and the product was unchanged from the time it left the defendant’s possession. Strict liability does not apply to products that are purchased second-hand.
Negligence
If you decide to sue for negligence, your product liability attorney must show that the defendant owed you a duty of care, was negligent when designing, assembling, producing, or distributing a product, knew about (or should have known about) the danger, and that the defendant’s negligence caused your injuries. This type of claim can be filed against any negligent party in a product’s distribution chain.
Breach of Warranty
There are two types of breach of warranty claims for product liability claims. If you file a lawsuit because an express warranty was breached, you must show that the defendant misrepresented the product to you as being safe to use. If you take legal action for injuries involving an implied warranty, your product liability lawyer will need to show that the warranty for a particular purpose or warranty of merchantability was breached.
How Can Las Vegas Product Liability Attorneys
Help You Recover Compensation?
Under product liability law, you have a right to receive fair compensation when manufacturing defects cause these and other losses. The product liability lawyers at Blackburn Wirth are here to make sure you do. If you were injured by a defective product, a product liability lawyer at our Las Vegas law firm can help you file a claim or lawsuit against the manufacturer and other liable parties. We can help you recover compensation for your current and future medical bills, lost wages, and pain and suffering caused by a product defect.
How Much Is Your Las Vegas Product Liability Claim Worth?
While no one can guarantee how much your claim is worth, an experienced Las Vegas product liability lawyer can evaluate your case and provide you with an estimate of how much you can expect to receive for your injuries. Typically, the more severe your injuries, the more you can recover.
In some cases, defective product injuries are minor, and heal on their own. Sometimes, however, injuries are so severe that victims require emergency medical treatment, lengthy hospital stays, and multiple surgeries. In the worst cases, people lose their lives because of defective products.
Injury victims who are lucky enough to survive an accident caused by a defective product often face years, or even a lifetime, of medical treatment. Returning to work is often not an option. In many cases, PTSD haunts accident victims for the rest of their lives.
When evaluating the value of your claim, your product liability lawyer will consider questions like: Are your injuries permanently disabling? Did you suffer disfigurement? Was your loved one killed by a defective product?
Each of these situations can result in higher compensation for both economic and non-economic damages. If the negligent party’s actions were intentional or especially severe, you may also be entitled to punitive damages.
Economic Damages
Economic damages can be calculated by looking at documentation. They include your medical expenses, lost wages, and other out-of-pocket costs. Be sure to gather all of your medical bills, receipts, and earnings statements prior to your free initial consultation with your Las Vegas product liability lawyer.
Non-Economic Damages
Non-economic damages, like pain and suffering, or PTSD, don’t have a specific monetary value, so determining their worth is a bit more challenging in product liability claims. Your medical records, statements from your doctor, expert opinions, and your own testimony can help your product liability lawyer estimate the value of non-economic damages.
Punitive Damages
Punitive damages are meant to punish the at-fault party and set an example to prevent similar acts in the future. The amounts awarded for punitive damages are often substantial. Most product liability cases won’t qualify for punitive damages in Nevada. However, if the defendant acted maliciously or was grossly negligent, you may be able to get punitive damages.
To find out how much your case may be worth, contact a product liability attorney at Blackburn Wirth for your FREE consultation. Call (702) 472-7000.
Common Examples of Defective or Dangerous Products
Las Vegas residents and visitors encounter dangerous products at work, in their homes, when they’re running errands or enjoying activities, in hospitals, and while they’re commuting, These products lurk in children’s rooms, in our cars, in classrooms, in the foods we eat, and even in the medications we consume. Here are some of the most common defective products that product liability lawyers in Las Vegas encounter.
Damaged or Faulty Furniture
The Consumer Product Safety Commission (CPSC) reports that over two million people suffer injuries every year from furniture that’s poorly constructed, or constructed with cheap materials that break easily. One of the most common types of furniture liability claims involves tip-overs, which are especially dangerous to children.
Faulty Household Appliances
Faulty home appliances cause over 150,000 emergency room visits every year. Design flaws, manufacturing errors, and faulty wiring can result in fires, serious burns, electrocution, explosions, and death.
Faulty Automotive Parts and Defective Vehicles
Las Vegas products liability lawyers see many serious injuries from faulty automotive parts. Airbags, steering and braking systems, safety technology failures, defective tires, and even fuel lines cause motor vehicle accidents, explosions, and fires.
Dangerous Power Tools
Power tool accidents can cause catastrophic injuries like lacerated ligaments and tendons, puncture wounds, eye injuries, amputations, and electrocutions. According to the CPSC, over 900,000 people are injured each year in power tool accidents.
Hazardous Children’s Toys
Defective toys injure and kill over 250,000 children each year in the U.S., and 60% of victims are under 15 years of age. Common injuries caused by unsafe toys include bruises and lacerations, bone fractures, puncture wounds, burns, choking, strangulation, and suffocation.
Defective Medical Devices
Product liability lawyers in Las Vegas and other cities have seen a significant increase in defective medical devices in recent years. Dangerous IVC filters, faulty pacemakers, and hundreds of other medical products that have been recalled by the FDA.
Unsafe Drugs
Prescription medications and over-the-counter drugs are highly regulated, so consumers generally assume they’re safe. However, drugs injure or kill countless people when they become contaminated, lack adequate warning labels, or cause extreme side effects.
Contaminated Foods
Contaminated foods also fall under product liability laws in Nevada. Listeria, salmonella, and E. coli cause food poisoning and other serious food-borne illnesses. Foods that come in contact with allergens can cause illnesses and death as well.
Defective Airbags
New motor vehicles are equipped with airbags to cushion the impact of a head-on, side, or rear collision. Defective airbags can cause serious injury or death, however, when they discharge unexpectedly or project shrapnel. The massive Takata airbag recall is the latest example of defective airbags.
Child Safety Restraints
In Nevada, children under six years old who weigh less than 60 lbs must be secured by an approved child safety restraint. Parents and caregivers depend on car seats to keep little ones safe. Unfortunately, restraints may not provide enough protection in crashes, and sometimes kids get tangled and strangled by straps.
Talk to Our Product Liability Law Firm in Las Vegas, NV Today
Nevada law does not require you to hire a product liability lawyer to sue a negligent manufacturer for your injuries. However, the chances of you winning fair compensation significantly increase when you have experienced Las Vegas product liability lawyers on your side.
When you file a product liability claim without an attorney, you’ll be forced to prove that a defect existed and that injuries occurred. You’ll also have to negotiate with the company’s legal team on your own. You may have difficulty obtaining medical care while you wait for your settlement.
Blackburn Wirth Injury Team is the best product liability law firm in Las Vegas. Schedule your FREE case evaluation with a product liability lawyer today. Our attorneys accept injury cases on a contingency fee basis, so you won’t pay any attorney fees until we win your case.
FAQs for Product Liability Lawyers in Las Vegas
What Is the Product Liability Law in Nevada?
Nevada’s product liability law holds manufacturers, distributors, and sellers responsible for injuries caused by defective products. You can file a claim if a defect in design, manufacturing, or labeling caused your injury. Nevada law follows strict liability, meaning you don’t have to prove negligence—you only have to prove that the product was defective and caused your injury.
Who Can Be Held Liable for Product Liability?
In Nevada, anyone in the product’s distribution chain can be held liable for product-related injuries. This includes manufacturers, wholesalers, distributors, and retailers. Even if a seller didn’t create the defect, they can be held responsible. This broad liability helps ensure consumers have recourse if they’re injured by a defective product.
What Is an Example of Product Liability Negligence?
One common example of product liability negligence is a car manufacturer failing to properly test a new airbag system before releasing it to the market. If the airbag deploys unexpectedly or fails to deploy in a crash, causing injury, this could be considered negligence. The manufacturer had a duty to ensure the product’s safety but failed to do so.
