Every day we buy and use several products that we put our trust in, including the vehicles we drive, children's toys, home improvement tools, medical devices, and even drugs that we take to stay healthy. Unfortunately, these products sometimes do not work as expected due to inherent defects or flaws, causing the user to sustain injuries.

If a flawed product caused your injuries, you do not have to pay for another person's negligence. A reliable attorney can help you file a product liability lawsuit against the at-fault party to obtain compensatory damages for your losses, including medical expenses and lost income.

Since product liability cases are a complex and confusing area of personal injury law, your odds of winning substantial compensation for your losses caused by the defective product are higher if you have a reliable attorney.

Product Liability at a Glance

According to Nevada Revised Statute (NRS) 695E.090, manufacturers, retailers, and distributors are legally responsible for ensuring their products are safe and free from any possible flaws that could hurt a consumer. If you have sustained an injury due to a defective or flawed product, you can file a product liability lawsuit against the at-fault party to obtain compensatory damages.

Because of how product liability law works, any product or device can cause injuries and losses that the injured person or victim should recover damages for when that happens. Below are common products that can injure a consumer:

  • Cars and other automotive.
  • Mechanical parts.
  • Children toys.
  • Electronic devices.
  • Machinery.
  • Car tires.
  • Baby cribs.
  • Children strollers.
  • Prescription medicine.
  • Medical equipment.

Types of Defects in Most Product Liability Cases

Product liability cases can vary significantly, depending on the defective product and any additional issues. However, there are three common types of product defects that you ought to know about, including:

Design Defects

A defect caused by a product's original design is known as a product defect. If the product that led to your injuries had a design defect, you could qualify for damages under the product liability law. Here are examples of design defects that could lead to a product liability lawsuit against product makers or manufacturers:

  • A car that is prone to fire in case of a crash because of the positioning of its gas tank.
  • Medical devices like pacemakers cause severe and sometimes deadly side effects.

Manufacturing Defects

Manufacturing defects occur during the production or manufacturing process. A product could have a safe and accepted design, but in the manufacturing process, an error occurs, making the end product unsafe for the consumer or user.

If a product manufactured with a faulty or dangerous flaw caused your injuries, you could have a viable product liability claim against the at-fault party. An example of a manufacturing defect is a bicycle manufactured with faulty brakes, making it more prone to collisions than other bikes.

Insufficient Notification or Warning of Potential Hazards

All products must have adequate warnings and notifications to inform or enlighten the consumer or user of the risks involved when holding or using them. Below are situations where you could have a viable product liability claim based on insufficient notifications or warnings of potential hazards in a product:

  • Your child suffers severe allergic reactions after eating a food product that did not warn consumers of the possible side effects of consuming it.
  • Due to inadequate warnings on how to safely use a power tool, you injure yourself on the hand when using the device in a reasonable manner.

When manufacturers or companies fail to warn their customers of the potential hazards or risks involved in using their product, they could be held accountable for any injury a consumer suffers.

Legal Theories of Product Liability

When making or preparing your claim after sustaining an injury caused by a defective or flawed product, your attorney will consider various legal theories, including:

Breach of Warranty

Many products nowadays come with some guarantee or warranty to assure clients that they will work or operate as they expect them to. Typically, when the product fails to perform as expected, you can have it returned or replaced with a different, safe, and effective product.

However, when you or a loved one sustains an injury due to a product that violates its warranty agreement, you could have a legal claim to obtain your damages. Below are two different kinds of warranties that most products have:

  1. Express Warranty.

An express warranty promises that a particular product or device will work. It could be a guarantee on the product's label, a promise on the packaging, or a product’s advertisement. If you rely on a seller's representation when buying a particular product and the product fails to perform as promised or guaranteed, you could have a viable product liability claim against the at-fault party.

  1. Implied Warranty.

A warranty could also have an implied warranty, meaning you expected it to work and function for its intended purpose when used as required. For instance, when you purchase a light bulb, you expect and trust that it will illuminate your home, even if the manufacturer does not specify that the product will function like a lightbulb.

If the light bulb fails to function or emit steady light as you expect it to, you could have a viable claim against the manufacturer or maker for breaching the implied warranty of the product.

Strict Liability

According to strict product liability law, manufacturers, distributors, or sellers of a particular product will be accountable for injuries or losses consumers incur after using the product or device in a reasonably foreseeable manner. That is true even if the product defect or flaw was not due to a manufacturer's negligence.

If a flawed or defective product injures you, a skilled attorney can help you hold the manufacturer strictly liable for your injuries and other associated financial losses.

Negligence

While strict product liability cases focus on the makers of defective or flawed products, negligence can occur in the distribution chain. If you decide to file your product liability claim based on negligence, your attorney must prove the following to stand a chance of obtaining compensatory damages for your losses:

  1. The Defendant Owed You a Legal Duty of Care.

A legal duty of care exists if the defendant is legally responsible for acting with care to prevent foreseeable accidents.

  1. The Defendant Breached His/Her Legal Duty of Care.

It is insufficient to prove that the defendant owed you a legal duty of care. Your defense attorney must also prove that he/she breached this legal duty by failing to exercise reasonable care.

  1. The Duty of Care Breach Caused Your Injuries.

To obtain your compensation under the negligence legal doctrine, you must also prove that the defendant's failure to observe the necessary duty of care caused your injuries. That means if it were not for the defendant's negligence or failure to observe his/her legal duty of care, your injuries would not have occurred.

  1. You Incurred Actual Damages Due to the Defendant's Negligence.

Lastly, you must prove to the court that you suffered actual damages due to the defendant's negligence to receive adequate compensation for your losses under the negligence legal doctrine. Medical bills and vehicle repair receipts could help prove you have damages if you sustained your injuries in a car accident caused by a defective product.

Fraud or Intentional Misrepresentation

In a fraud case, your injury attorney should be able to show that:

  • The defendant knew the device had a defect when he/she distributed it to the public.
  • The defendant concealed, ignored, or used misleading advertisements to hide it.

Although intentional fraud or misrepresentation could be challenging to prove in court, a skilled injury attorney could help you obtain a favorable outcome, especially if the case involves several customers. These circumstances form the legal basis for filing a class action lawsuit against the responsible party to obtain your damages.

A class action lawsuit is a claim that involves several plaintiffs (claimants) with similar claims against the same defendant.

Potential Damages You Could Recover When You Win Your Case

You could qualify for compensatory damages if a defective or flawed product caused your injury. Compensatory damages available in product liability claims vary because every case is different. What you will recover when you win your product liability lawsuit will depend on the following:

  • The severity of your injuries.
  • Mitigating arguments from the defendant's attorney.

In a few words, if your claim is successful, you could receive compensatory damages for the following losses:

Medical Expenses

The liable party or his/her insurance provider should pay you damages for all your medical expenses after sustaining the injury, including:

  • Transport costs to and from different hospitals.
  • Therapy costs.
  • Medication costs.
  • Prosthetics costs.
  • Emergency room treatment costs.
  • Ambulance fees.
  • Hospital stay costs.

If your attorney can prove you will likely need continued treatment, you could receive compensation for future medical expenses.

Lost Wages

These losses represent all the income you would have earned if the injury caused by a defective product did not prevent you from working. Even if you are unemployed, you could still recover damages for lost wages if your attorney can prove that you would have earned income during the period you were under treatment or recuperating.

Lost Earning Capacity

After sustaining an injury caused by a flawed or defective product, you could recover damages for this loss if you can prove that these injuries will compromise your ability to earn income in the future.

Property Damage

If you had to repair your vehicle after an accident caused by a defective part, the compensatory damages you will receive should cover all its repair costs.

Disfigurement

If the injury caused by the defective device has left you disfigured or with permanent scars, affecting your appearance, you could recover damages for the mental suffering caused by awareness of the deformity.

Loss of Enjoyment in Life

A reduced ability to enjoy life due to life-long injuries you sustained is also compensable in a successful product liability claim or lawsuit.

Mental Anguish or Distress

If your claim is successful, you should also receive damages for any emotional suffering or mental distress caused by the injury, including grief, stress, nightmares, terror, fright, humiliation, or nervousness.

Pain and Suffering

With the help of a trustworthy and determined attorney, you could be eligible for compensatory damages for the pain and suffering resulting from the injury caused by a defective device or product. When determining the monetary value of this type of loss, the judge will consider the following:

  • The severity and nature of your injury.
  • How long are you likely to experience pain.
  • The certainty or likelihood of future pain.

The last four types of losses, briefly explained above, are known as non-economic damages because it is challenging to quantify them. An experienced and dedicated attorney can explore the facts of your case and prepare evidence to help you obtain maximum compensatory damages for your losses caused by a defective product.

If your lawyer can show the defendant's wrongdoing was egregious or gross, the court could, in some circumstances, also grant you punitive or exemplary damages. Aside from punishing the defendant for his/her wrongdoing, exemplary damages are available in some product liability cases to discourage people with similar behaviors.

When awarded, exemplary damages will be in addition to the total amount you will receive for your injuries caused by the defective product. Usually, there is a cap or limit to the amount you can receive as exemplary damages in injury claims, but this limit does not apply in product liability cases.

Frequently Asked Questions About Product Liability

Below are common questions that most people with injuries caused by a defective product ask to increase their odds of obtaining a desirable outcome on their product liability claim:

What is the Deadline or Statute of Limitations for Filing a Product Liability Lawsuit?

Like in any other injury case, time is of the essence if you have a product liability claim against the at-fault party. For an injury caused by a defective product, you will have up to four (4) years from the date the injury occurred to file a lawsuit against the responsible party to recover your damages.

When this deadline or statute of limitations expires, you will lose your legal right to sue for damages caused by that injury or wrongdoing. However, the discovery rule could extend your time limit to file a product liability lawsuit against the party responsible for your injuries if your attorney can prove that:

  • You did not willingly and purposely avoid discovering the claim.
  • It would be fair to let you seek damages for injuries caused by a defective product.

To avoid compromising your chances of obtaining damages for your losses caused by a defective product, you should retain the services of a dependable attorney to help you file your claim on time.

How Can an Attorney Help If You Have a Product Liability Claim?

As mentioned in the previous paragraph, product liability cases are generally complex and confusing. A reliable attorney can help you understand your options if you or a loved one have sustained an injury due to a faulty product. The attorney you will hire will help gather the necessary evidence to help prepare a product liability claim against the at-fault party for the best possible outcome.

Your injury attorney will also help you file a demand letter and negotiate a fair settlement offer if the at-fault party is willing to settle the claim instead of taking it to court.

How Do I Find a Reliable Product Liability Attorney for My Case?

There are several product liability attorneys to choose from, making it challenging to pick the right one for your unique case. To avoid time wastage and lessen the hassle of finding a reliable product liability attorney for your unique injury case, you should consider the following:

  • The attorney's experience and qualification.
  • The attorney's availability.
  • The attorney's credibility and reputation.
  • The attorney's licensing credentials.
  • The attorney's cost of services.
  • The attorney's location.

How Much Is My Product Liability Claim Worth?

No injury attorney can guarantee or give you the accurate figure you expect in your product liability claim, but an experienced attorney could examine the facts of your case and give you an estimate. Generally speaking, the more severe your injuries caused by a defective product are, the higher the amount you are likely to receive.

Find a Product Liability Attorney Near Me

Undoubtedly, an injury caused by a product defect can cause confusion and stress, especially when preparing a claim against the at-fault party. Whether it is your first time filing an injury lawsuit or you are unfortunately going through this process again, maneuvering the legal justice system on your own can be a daunting and challenging task that could leave you helpless.

However, you do not have to do this alone when you contact our profound product liability attorneys at Las Vegas Personal Injury Attorney Law Firm. Regardless of how severe your injuries are or the product that caused them, we can help you seek justice and obtain adequate compensation for your losses.

Call us at 702-996-1224 to make an appointment with one of our compassionate and reliable product liability attorneys without delay.