Product Liability Lawyers in Las Vegas
The average consumer makes a significant amount of purchases every year. Many of these are for necessary services — such as lawn care and utilities. However, one-third of household expenditures go directly to consumer goods. Whenever you purchase something, you expect that it’s been tested and is safe to own. Unfortunately, this isn’t always the case. A dangerous product has the potential to cause serious injuries to those who use it. And in many cases, consumers are never warned about such dangers. If you or a loved one have suffered injuries or damages due to defective goods, a product liability lawyer in Las Vegas may be able to help.
At Bernstein & Poisson, our team of legal professionals is committed to seeking maximum compensation for each of our clients. When it comes to product liability cases, though, it’s far more personal. When defective products go onto the market, they put everyone at risk. Our friends, family, and other loved ones are exposed to potential harm. By holding companies accountable for the injuries you’ve suffered, we’re helping to ensure that negligent manufacturers cannot continue exposing us all to such dangers. And since you can schedule a free initial consultation at Bernstein & Poisson today, you have nothing to lose by reaching out.
How Does Product Liability Law Work in Nevada?
Nevada law has very clear rules regarding defective products and goods that are unreasonably dangerous. On a statutory level, product liability relates to damages and injuries related to the manufacture, design, packaging, importation, labeling, distribution, sale, or lease of a product. These damages can include personal injury, property damage, emotional harm, financial damage, and death. Damages can also include losses related to the inability to use the product — such as a business owner being unable to perform their job because of a defective product. This is separate from any liability that exists on the part of a person who was using the item.
If a defective or dangerous product leads to injuries, it’s possible that victims could secure financial compensation. In many cases, this is done through the settlement negotiation process. Manufacturers and other potentially liable parties will often want to avoid a product liability lawsuit. Not only is a public trial bad for publicity, but the potential for increased damages is greatly elevated. A settlement is also often in the best interest of the injury victim since they can get fair compensation without a trial. However, it’s important that you understand how much you may be entitled to. A Las Vegas product liability attorney can assist in this endeavor.
Do You Have a Valid Personal Injury Case?
In most Nevada personal injury cases, it’s necessary to establish that some wrongful act occurred. Most often, this means showing that one party acted negligently. This isn’t necessary when a product defect or similar issues lead to injuries. That’s because product liability in Nevada falls under strict liability rules. This means that it’s not necessary to prove that negligence occurred on the part of the liable party. Instead, the four following elements must be present for a lawsuit to be successful:
- Product defects existed due to the item’s design, manufacturing process, or a lack of warning
- The product defect existed before it ever left the possession of the defendant
- The type of usage that led to the injury was reasonably foreseeable by the liable party
- The defect led directly to the injury or damages suffered by the victim
If these elements exist, there’s no need to prove anything further. Even if product manufacturers engaged in no negligent or wrongful act that led to the injury, they’re strictly liable for the damages suffered. Of course, there are times when injury by a poorly manufactured product may not result in a successful personal injury lawsuit. For instance, victims who use an item in a way that it’s not meant to be used — and a way that’s not foreseeable by the manufacturer — will likely not be entitled to compensation.
However, you should not attempt to make this distinction on your own. Even if you misused an item in some way, it’s possible that such use should’ve been foreseeable on the part of the defendant. That’s why accident victims should always speak with a Las Vegas product liability attorney before making any major decisions. At Bernstein & Poisson, our free consultations give you an opportunity to better understand the facts of your case and whether you may be entitled to financial damages.
What Are Types of Product Liability Cases?
While all product liability claims revolve around severe injuries and significant losses suffered by victims, there are actually a variety of differences between these cases. That’s because serious harm can come from many different defects. Unfortunately, most people don’t realize just how wide-ranging this area of the law can be. This can lead to a failure to seek appropriate compensation even when someone is entitled to it. By recognizing each of the following product liability claim types, you’ll have a better understanding of when you may be eligible for damages:
A defective consumer product with a design defect is dangerous from its very inception. This means that an issue in the design phase created a hazard from the start. For instance, the placement of the gas tank on the Ford Pinto made it susceptible to fires and explosions even in a relatively minor car accident.
The most common type of product liability case seen in court relates to manufacturing defects. This refers to a defective product that was not designed in a dangerous way — but an issue during its manufacture created an unsafe risk of danger. In some instances, this could result in 99% of products released being completely safe, while a small batch creates dangers.
Lack of Hazard Notification
Merely using certain products creates inherent dangers. This is why you’ll often see warning labels on some consumer goods. Such warnings could also be given during commercials or inside user guides. If a company fails to warn consumers of these possible dangers, though, they can be held liable even if intrinsic dangers were known to exist. These are often also called marketing defects.
What Damages Are Available in a Product Liability Claim?
When someone suffers an injury due to a defective product, they’re oftentimes entitled to a variety of damages thanks to product liability law. It doesn’t matter whether marketers failed to provide adequate warnings or a consumer good was defective from its very design — the strict liability rules mean injury victims may receive substantial compensation. The most common form of financial recovery is known as special damages. These are awards for financial losses related to an item that’s considered defective. These financial losses can include:
- Costs of medical care
- Future medical bills
- Lost wages
- Funeral and burial expenses
- Property damage
- Therapeutic costs
- Physical and occupational therapy
- Other expenses
In addition to recovery linked to monetary losses, it’s also possible to receive non-economic damages in these cases. These include pain and suffering, emotional distress, disfigurement, loss of enjoyment in life, and other harmful outcomes that cannot be easily quantified financially. These are the damages that an insurance company will most frequently push back on. After all, it’s hard to apply a dollar amount to something like pain or a lack of joy related to injuries. If seeking such damages derails settlement negotiations, it’s important to have a product liability lawyer in Las Vegas with trial experience. That’s exactly what we offer at Bernstein & Poisson.
It’s also possible that personal injury victims may be entitled to punitive damages. These are awarded in rare cases and only in instances where egregious, malicious, or extremely reckless actions occurred. For instance, a court may award punitive damages if it’s proven that manufacturers knew of defective car parts but continued using them in order to save money. These additional damages can be worth far more than other forms of compensation, but they’re not guaranteed in any case. During your free case evaluation at Bernstein & Poisson, we’ll discuss whether such damages may be possible in your case. And since we work on a contingency-fee basis, you’ll never pay a dime unless we recover compensation for you.
Are There Products That Commonly Cause Injuries?
Any product on earth can cause serious injuries. Literally any product. The manufacturer of tiny thumbtacks could create a dangerous product due to faulty machines in their plant — while a commercial yacht designer could offer a hazardous luxury item due to a poorly designed hull. However, there are specific products that we most commonly see in these cases. These items aren’t necessarily more dangerous than other consumer goods. Their wide usage among the public simply increases the likelihood that some defect will get through. These products include:
- Defective medical devices (e.g., pacemakers)
- Home appliances
- Chemicals (e.g., toxic exposure
- Children’s toys
- Car tires
- Electronic devices
- Child strollers
Numerous products have caused harm throughout history, but liability laws regarding these items are relatively new. It wasn’t even a century ago when snake oil salesmen could distribute literal poison marketed as miracle cures. Fortunately, those days are gone. We live in a world of proper warnings, safety regulations, mandatory inspections, and extreme vigilance in commercial design. However, there’s nothing on earth that can stop all potential product defects from creating hazards for consumers. That’s why having a product liability lawyer in Las Vegas can prove invaluable if you’ve suffered injuries.
Is There a Deadline for Dangerous or Defective Product Cases?
If you’ve been injured due to a manufacturing defect or other dangerous issue, it’s important that you take immediate action. While the strict liability rules in Nevada can simplify the legal process, there are still deadlines involved with filing. The statute of limitations for a product liability claim in Nevada is two years. If you do not seek damages before this deadline, even the best legal team in Las Vegas may not be able to help. There are certain exceptions to this deadline — such as if your injury isn’t discovered until later — but you should always work from the assumption that you’re not eligible for additional time.
One of the most significant nuances to the rules involves cases where injuries were sustained unrelated to product liability. For instance, envision a situation where a motorcyclist is thrown off their “chopper” due to faulty brake mechanisms. Perhaps the biker gets lucky and only sustains minor injuries. However, a surgical error to repair scar tissue results in brain damage due to an anesthesia mistake. In such a situation, the case now also involves medical errors. Since the Nevada medical malpractice statute of limitations is only one year, you’d have more time to file a case against negligent healthcare professionals.
Clearly, this can get a bit complicated — even in instances where product manufacturers are the only liable parties involved. This is why you should consider a free case review with our Las Vegas product liability attorneys today.
Contact a Product Liability Lawyer in Las Vegas Today
If you or a loved one were injured by a dangerous or defective product, it’s important for you to understand your rights. Manufacturers have a responsibility to put safe items on the market. When they fail in this duty, they can be held liable for the damage they cause. Of course, you may not know how to properly navigate this legal terrain. In truth, most people don’t. It may seem unclear who you should contact after suffering a serious injury, and the prospect of going up against a large company likely seems intimidating. Fortunately, you don’t have to go through this process on your own. A Las Vegas personal injury law firm can help you seek justice.At Bernstein & Poisson, our legal team has been devoted to serving injured clients in the local area for four decades. We’ve seen the difficulties faced by injured consumers who try to handle their own defective product liability claims. Unfortunately, multi-million dollar companies and their insurance providers frequently try to avoid taking responsibility for their mistakes. With the help of a legal professional on your side, though, it’s possible to get the financial compensation you deserve. Contact us today by calling (702) 707-5934 to schedule a free consultation. Our product liability lawyers in Las Vegas are ready to advocate on your behalf.
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“After being in an accident my friend told me to call Bernstein and Poisson. A lawyer named Brian came to my home to meet with me and started my claim immediately. The legal team was extremely efficient, responded back to me quickly, listened to my concerns, and handled everything with speed and accuracy. Every step of the way was communicated. I received my settlement in 10 months’ time. I highly recommend using Berstein and Poisson. Thank you for helping get my life back on track.”
I Was Injured In An Accident.
What Do I Do Now?
By Scott L. Poisson
Do I Have A Case?
Dealing With The Insurance Company
When a Lawsuit Is Filed
Overcoming Common Defense Themes
Special Considerations in Specific Types of Cases