As consumers, we purchase and use products with the expectation that they are safe and will not cause unnecessary harm to ourselves or to other. Unfortunately, errors and defective products create dangerous safety hazards all too often.
What is Product Liability?
Product liability is defined as the duty that a manufacturer, or other in the chain of distribution such as a retailer, breaches when they produce or market a defective product. Nevada law requires manufacturers, and others, to pay for a victim’s losses when someone is harmed due to items they sell, make or distribute.
Types of Product Liabilities
A product is considered defective if it has the potential to cause harm to consumers. Depending on what caused the defect in the product that injured you, you may have a claim under one of the following categories:
- Design Defects: Inherently unsafe products, even before manufacturing, due to flawed design.
- Manufacturing Defects: Defects that occur during manufacturing or assembling that result in an unsafe product.
- Marketing Defects: Inadequate safety warnings, improper labeling or insufficient instructions which result in unsafe product or administration practices.
These broad categories include a wide variety of products and types of defects, such as:
- Defective medical devices;
- Defective automobile components (tires, brakes, airbags, etc.);
- Dangerous drugs;
- Children’s toys;
- Construction equipment or supplies;
- Home appliances; and
Types of Product Liability Claims
With decades of experience handling product liability claims, our lawyers will advise you about the type of claim you should file in order to give you the best chance of recovering compensation for your injuries. These types of product liability claims can include:
- Negligence: A victim must prove that the responsible party had a duty to sell a safe product, that they breached this duty because they knew (or should have known) about the dangers of the product, and that your injuries were a direct result of their actions;
- Strict Liability: Under strict viability, a victim only has to demonstrate that a defective product exists. If you purchased the product with the defect, the manufacturer can be held 100% accountable for any injury you sustained as a result of proper use; and
- Breach of Warranty: Consumers generally rely on two warranties when purchasing a product: express warranty, which includes representations of safety made by the manufacturer or retailer, as well as implied warranty, or the promise that the product will not cause harm with proper use. A manufacturer or retailer can be held responsible for a breach of either of these warranties.
Contact a Las Vegas Product Liability Lawyer
When you’re hurt because of a defective product, it can be hard to know where to begin. At Cap & Kudler, our product liability lawyers are keenly aware of how to best hold the companies responsible for manufacturing defective products accountable for their actions. If you or a loved one has been injured due to a product malfunction, you may be eligible to recover compensation.
As experienced personal injury lawyers, we have the skills and resources necessary to take on a corporation in an attempt to hold them liable for the production and sale of faulty products. For more information or to discuss your claim with one of our product liability lawyers, contact us today to schedule a free consultation.