Las Vegas Product Liability Attorneys

What is Product Liability?

Product liability refers to the legal responsibility that manufacturers, distributors, and retailers bear if a product they place on the market causes harm or injury to a consumer. It operates under the premise that consumers have a right to expect that the products they purchase are safe when used as intended. Should these products fail and cause injury, the entities involved in its production and distribution may be held accountable.

Types of Defects:

Product defects largely fall into three primary categories:

• Design Defects: These are inherent flaws in the product’s design itself, making it unsafe regardless of how perfectly it might be manufactured. An example could be a type of chair designed in such a way that it easily tips over when leaned on slightly.
• Manufacturing Defects: Even if a product’s design is impeccable, errors in the manufacturing process can render it dangerous. For instance, if a batch of painkillers accidentally contains a harmful substance not intended in its formulation.
• Marketing (or Warning) Defects: This pertains to failures in providing adequate instructions or warnings about a product’s potential risks. An example could be a chemical cleaning product that doesn’t list its harmful reactions when mixed with another common household substance.

Potential Types of Compensation

Medical Expenses: Victims of defective products often face hefty medical bills, both immediate and long-term. Compensation typically covers expenses related to hospital stays, surgeries, prescription medications, rehabilitation, and any future medical treatments stemming from the injury.

Lost Wages: When an injury renders someone unable to work, whether temporarily or permanently, they lose out on their regular income. Compensation for lost wages aims to bridge this financial gap, ensuring that victims don’t suffer economically on top of their physical and emotional trauma.

Pain and Suffering: Beyond the tangible losses, victims often endure significant physical pain and emotional distress. This can include anxiety, depression, PTSD, and the physical pain and discomfort stemming from the injury. While it’s hard to put a precise number on these experiences, they’re essential components of a product liability claim.

Punitive Damages: In some cases, where the negligence or malice of the defendant is particularly egregious, punitive damages may be awarded. These are not tied to the victim’s actual losses but are designed to serve as a penalty to the defendant and a deterrent for other potential offenders.

Rights and Legal Aspects

Nevada’s Product Liability Laws: In the state of Nevada, product liability claims are primarily rooted in the principles of negligence, breach of warranty, and strict liability. These principles ensure that manufacturers, distributors, or retailers are held accountable when a product’s defect causes harm to a consumer. Whether the product’s design was flawed, it was incorrectly manufactured, or there was a lack of proper warnings, the law protects consumers and their rights.

Statute of Limitations: In Nevada, victims of defective products typically have two years from the date of injury to file a product liability lawsuit. It’s imperative to act promptly, as any claims filed beyond this period might not be entertained by the courts, barring certain exceptions.

The Burden of Proof: For a successful product liability claim, the victim (plaintiff) must prove that:

• The product was indeed defective.
• The defect was present when it left the defendant’s control.
• The product was used in a reasonably foreseeable manner.
• The defect directly resulted in the plaintiff’s injuries.

Common Products & Scenarios

Automobiles: There have been several instances where vehicle components have malfunctioned, leading to accidents. This includes cases with brakes not responding, airbags failing to deploy or causing more harm when deployed, and tires bursting prematurely.

Medical Devices: Medical advancements are typically a boon, but they come with their risks. Cases have emerged involving pacemakers that malfunction, joint replacements causing more harm than good, or mesh implants resulting in severe complications.

Children’s Toys: Every year, there are recalls on children’s toys that pose significant risks. Whether it’s due to small parts causing choking hazards, toxic materials, or designs that can lead to injury, ensuring child safety is paramount.

Household Appliances: Our homes are filled with gadgets and devices meant to make life easier. However, defects in products like blenders leading to lacerations, malfunctioning heaters causing fires, or ovens that explode or emit harmful gases pose severe risks.

Steps to Take If You Suspect a Product Defect Injury

• Ensure Safety: First and foremost, distance yourself from the defective product and ensure immediate safety for yourself and those around you.
• Collect Evidence: If possible, preserve the product in its current state. Take photos, record serial numbers, and save any instructions or packaging.
• Seek Medical Attention: Even if injuries seem minor initially, it’s crucial to get a medical evaluation. This can also act as evidence should you decide to pursue a legal claim.
• Consult with an Attorney: Before making any statements or accepting any settlements, seek the counsel of a knowledgeable attorney who specializes in product liability.

Remember, if you believe you or a loved one has been harmed by a defective product, don’t hesitate to reach out for a free consultation. Knowing your rights and getting the right representation can make all the difference.

Why Choose Jack Bernstein Injury Lawyers

Experience: With decades of experience representing victims in Las Vegas, Jack Bernstein Injury Lawyers have built a reputation for handling complex product liability cases with precision and tenacity.

Proactive Approach: Our team conducts thorough investigations, collaborating with industry experts to substantiate every claim, ensuring the evidence is robust and undeniable.

Client-Centric: Our commitment is unwavering. We prioritize our clients, ensuring their rights are upheld and advocating relentlessly to secure the maximum compensation they rightfully deserve.