posted in Personal Injury on June 15, 2022
When a consumer purchases a product, the expectation is that the product has been created and tested with safety in mind. However, sometimes a product comes to the market with a flaw or an inadequate safety warning. When a product malfunctions, or does not clearly state how to use the product safely, it can result in serious injury. It is the product manufacturer or seller’s responsibility to ensure the product is safe to use. When this does not happen, the consumer has rights under the law to sue the company for damages caused by a defective product.
What Kinds of Defective Products Have Been Involved in Lawsuits?
Although defective products can be found in every industry, some of the most common types of defective product lawsuits in the United States include:
If the product causes an injury, the consumer may be able to file a personal injury claim against the manufacturer, distributor, or retailer. Injuries can cause major disruptions in the victim’s life, and the effects of the injury may impact the victim’s quality of life for years to come. The damages a victim can be compensated for include medical bills, rehabilitation costs, lost income, compromised future earnings, pain and suffering, and wrongful death.
What Defines a Defective Product?
When a product is purchased from a manufacturer, it should be safe to use for its intended purpose and according to any instructions or warning labels. If a product causes injury when it is properly used, in a lawsuit the defect will fall under one of three definitions:
If the plaintiff can prove one of the above circumstances, the manufacturer will be liable for damages caused by the defective product. If the manufacturer blames another company, such as the distributor or retailer, the plaintiff may be able to pursue a lawsuit with the company that was at fault.
What Does Nevada Law Say About Defective Products?
In Nevada, laws about product liability are defined under NRS 695E.090. The statute states that these damages incurred by a defective product are the responsibility of the manufacturer or seller.
The statute also dictates that the consumer that had the defective product in their possession is not liable for any damages.
There are four bases under Nevada law for claiming damages due to a defective product, which are defined as:
If the manufacturer or seller of the defective product is found guilty, they may be required to pay the plaintiff damages. In Nevada, there is no cap on damages that can be awarded to the plaintiff, as long as they are reasonable based on the injury. However, it is important for a consumer who has suffered an injury from a defective product to be aware of the statute of limitations to claim damages. The plaintiff must file a personal injury lawsuit within two years from when the injury occurred.
If you have suffered an injury due to a defective product, you may be entitled to damages for medical bills, lost income, and pain and suffering. Our experienced team will expertly navigate the legal system on your behalf and help you get the compensation you deserve. Contact us for a free consultation.
CALL US 24/7