Far too many consumers sustain injuries from defective products every single year. Product liability is a broad area of tort law that holds manufacturers accountable for producing and selling unreasonably dangerous products.
Understanding the potential impact of a dangerous product requires that a victim be prepared to file a lawsuit promptly. If you are injured by a product, you should record detailed notes about how the accident happened and take pictures or videos of the scene of the accident if possible. This information will prove helpful as evidence and for keeping the case organized.
The next step is to consult an experienced and knowledgeable product liability lawyer to determine whether you have a viable claim and begin preparing a comprehensive strategy to recover the compensation you are entitled to.
Examples of Product Liability Cases
Any type of product that a consumer would use that carries an unreasonable risk of injury or harm could form the basis of a product liability lawsuit. There have been many different types of defective product lawsuits filed in recent years including those associated with pressure cookers, children’s toys, pool equipment, cannisters, tires, and products that explode.
Product liability cases can be notoriously complex because of their intersection of multiple areas of the law and the kinds of ways that a person has to show that the product was dangerous. For this reason, many product liability cases in Nevada usually rely on experts to help prove the case.
Typically, a product liability case is usually based on one or more of the following legal claims:
- Defective Design
- Manufacturing Defect
- Failure to Warn
What is a Defective Design?
Some product liability cases are based on allegations of a defective design. In this type of litigation, a consumer is arguing that the product was dangerous from the moment that it was created, even before going to the factory for. A defective car seat or a tire that causes premature tread separation could be based on defective design. These poorly engineered products are extremely dangerous and can even cause serious injuries. Unfortunately, poorly designed products can often involve multiple plaintiffs and raise confusing issues of liability.
Most product liability cases are brought through a theory known as strict liability. The injured party is responsible for proving that the product was manufactured in an unreasonably dangerous manner, which is different from a defective design case.
What is a Manufacturing Defect?
A manufacturing defect claim is based on the assertion that, while the product was not unsafe in its design, something happened during the manufacturing process to render is unsafe. This type of legal claim might also be referred to as a mismanufactured product argument. The claim here is that the product was simply made incorrectly and therefore, the damage is likely to only affect a portion of the products manufactured by the company. Irregular moldings, improper assembly, or issues with bad parts are all concerns that are frequently raised in this type of lawsuit.
Unfortunately, there are many different things that can go wrong in a product’s assembly line. If you have reason to believe that your recent injury was caused by a defective product, it is important to take action quickly because you have a limited period of time in which to bring a claim in Nevada.
Failure to Warn Claims
There are many different cases in which the consumer was not reasonably warned about a known hazard. Motors, power equipment, lawn mowers and engines are all dangerous products that need to have reasonable and sufficient warnings on parts that could cause danger. Hidden dangers inside electrical products could even cause heart attacks.
A manufacturer’s duty to warn also extends to informing consumers about the appropriate and safe use of the product. Failure to warn customers about the dangers of a product can lead to unexpected safety issues and even catastrophic injuries.
How Do Recalls Impact Product Liability Claims?
Some consumers believe that a product must have already been recalled in order for consumers to take legal action. Often, owners of a defective or dangerous product might not even realize they are in possession of such an item until a recall is announced or until another person files a lawsuit.
However, if you believe a product injured you, your decision to come forward with a claim could be important for notifying other consumers about the risks, even if a recall has not been issued.
Companies producing products with defects might hesitate to announce a recall until they have received enough complaints and reports indicating the issue is part of a pattern. Even if a recall has not yet been announced, it is important to do some research to see if other consumers have had similar experiences. Online forums and review sites might indicate that other people have suffered injuries when using an item. Your attorney may also be able to inform you of pending litigation against the manufacturer.
When multiple consumers have been affected by a dangerous or defective product, a class action lawsuit against the manufacturer or other liable party might be filed before or after a recall. In some defective product cases, the company might never issue a recall at all, but this does not mean that you cannot proceed with a product liability claim in Nevada.
You and your Las Vegas product liability lawyer can discuss who is responsible for the defects you allege. There is typically a contractual relationship between the supplier of the product and the injured party that must exist in order for the injured victim to recover compensation. However, other parties involved in the chain of distribution could also be held potentially liable in your lawsuit. Some of the chain of distribution entities that could be involved in your product liability claim include:
- The wholesaler
- The manufacturer of the product
- The party who assembles or installs that product
- A manufacturer of component pieces inside the product
- The retail store who sold the product to you
As a plaintiff, it is your responsibility to gather evidence to support your claim and prove each element of the claim by a preponderance of the evidence.
An Experienced Advocate on Your Side
If you believe you have been injured by an unsafe product, The Law Offices of Gina M. Corena, PLLC is available to help. We will use our years of experience in product liability law to pursue the compensation you are entitled to.
Gina Corena is a skilled litigator that has practiced in Nevada her entire career. Ms. Corena prides herself in her devotion to representing injured clients and has acquired millions in settlements and litigation awards for her clients since founding The Law Offices of Gina M. Corena, PLLC. Named a Top 40 under 40 Attorney by the American Society of Legal Advocates and one of the “Ten Best Attorneys” in Nevada for her exceptional and outstanding client services, Gina Corena is a litigator that will fight for you.
For a consultation and review of your case, contact us online or by phone at (702) 680-1111.