Mahna Pourshaban - Attorney at Gina Corena & Associates

Attorney at Gina Corena & Associates

Practice Areas: Personal Injury

Every day, consumers place their trust in manufacturers and retailers, expecting that the products they purchase are safe for use. Unfortunately, defective products cause thousands of injuries each year, leaving victims with medical bills, lost income, and long-term suffering. If a faulty product in Nevada has injured you, you may be wondering about your legal rights and options for seeking compensation.

This guide will explain what qualifies as a defective product, how product liability lawsuits work, and what steps you can take to protect your rights.

What Qualifies as a Defective Product?

A defective product is any item that has an unexpected flaw or danger and harms a consumer when used as intended. Defects can arise due to poor manufacturing, faulty designs, or inadequate warnings.

Types of Product Defects

Three primary categories of product defects can serve as the basis for a lawsuit:

1. Manufacturing Defects

These occur when something goes wrong during the production process, making the product unsafe.

Example: A car with improperly installed brakes that fail while driving.

2. Design Defects

These flaws exist before the product is even manufactured, making all units inherently dangerous.

Example: A brand of hair dryer that overheats and catches fire under regular use.

3. Failure to Warn (Inadequate Labeling)

Manufacturers are required to provide proper instructions and warnings for safe use. A product lacking necessary safety information may cause injury.

Example: A prescription medication without clear side effect warnings.

“Under Nevada law (NRS 695E.090), manufacturers and sellers are responsible for any harm caused by a defective product, including personal injury, death, and property damage.”

Defective products harm consumer safety

Can You Sue a Company for a Defective Product?

Yes, consumers have the right to sue manufacturers, distributors, and retailers for injuries caused by defective products. Product liability claims in Nevada fall under strict liability laws. You do not have to prove that the company was negligent—only that the product was defective and caused harm.

Who Can Be Held Liable?

Several parties in the product’s supply chain may be held responsible, including:

  • Manufacturers – If the defect originated at the production stage.
  • Retailers – If they sold a dangerous or mislabeled product.
  • Distributors – If they knowingly allowed a hazardous product to be sold.

“In Nevada, product liability cases follow the doctrine of strict liability, meaning victims do not need to prove negligence—only that the product was defective and caused harm.”

Legal Framework: Understanding Product Liability in Nevada

Nevada law provides strong consumer protection through product liability regulations. Victims of defective products can file lawsuits based on several legal theories, including:

1. Strict Liability

  • The company is responsible for the defect, regardless of negligence.
  • You must prove the product was defective and directly caused your injury.

2. Negligence

  • If a company fails to test or recall a dangerous product correctly, it may be liable for negligence.
  • Example: A toy company knowingly sells a product with small parts that can be a choking hazard.

3. Breach of Warranty

If a product fails to meet express (advertised) or implied (expected) safety guarantees, consumers can file a lawsuit.

4. Fraud or Intentional Misrepresentation

If a company conceals safety risks or provides misleading information, it may be held accountable.

Compensation: What Rights Do You Have in a Defective Product Injury Lawsuit?

Victims of defective products may be eligible for financial compensation, which can cover:

  • Medical expenses – Hospital visits, surgeries, rehabilitation.
  • Lost income – Wages lost due to recovery time.
  • Future earnings – If the injury prevents you from returning to work.
  • Pain and suffering – Physical and emotional distress.
  • Wrongful death claims – Compensation for families of deceased victims.

“Nevada does not place a cap on product liability damages, meaning victims can recover full compensation for their injuries and losses.”

How Do I File a Defective Product Lawsuit in Nevada?

If you have been injured due to a defective product, follow these steps to protect your legal rights:

Step 1: Preserve Evidence

  • Keep the defective product, packaging, and receipts.
  • Document the injury with medical records and photos.

Step 2: Seek Medical Attention

  • Even if injuries seem minor, get evaluated by a doctor.
  • Medical records are crucial evidence in product liability cases.

Step 3: Consult a Product Liability Attorney

  • An attorney can assess whether you have a valid case.
  • They will handle legal filings and negotiations on your behalf.

Step 4: File a Lawsuit Within the Two-Year Deadline

  • Nevada imposes a two-year statute of limitations on defective product claims.
  • Lawsuits must be filed within two years of injury or discovery of the defect.

“A defective product lawsuit is not just about individual compensation; it plays a role in protecting other consumers by holding manufacturers accountable for safety violations.”

Product lawsuit filing process - corena law

Types of Product Defects & Examples

Type of Defect Description Example
Manufacturing Defect A flaw in how the product was made A car with faulty brakes due to poor assembly
Design Defect The product’s design is inherently unsafe A blender that overheats and catches fire
Failure to Warn Lack of warnings or instructions on safe use A painkiller without proper side effect labeling

Frequently Asked Questions

1. Can I sue if I wasn’t the one who purchased the defective product?

Yes, if you were injured while using a defective product, you do not have to be the purchaser to file a claim. As long as you were an intended user and the product caused harm, you may be eligible for compensation.

2. What if the product was recalled—can I still file a lawsuit?

Yes, a recall does not eliminate a company’s liability. If you were injured before or after the recall was issued, you may still pursue legal action for damages.

3. How long do I have to file a defective product lawsuit in Nevada?

Nevada law imposes a two-year statute of limitations for filing product liability claims. This means you must file your lawsuit within two years of the injury or discovery of the defect.

4. Who can be held liable in a defective product case?

Multiple parties can be held liable, including:

  • Manufacturers (if the product was poorly designed or made).
  • Retailers (if they sold a defective or mislabeled product).
  • Distributors (if they knowingly allowed a dangerous product to enter the market).

5. What if I was partially at fault for the injury?

Nevada follows comparative negligence laws, meaning even if you were partially responsible, you could still recover compensation as long as you were less than 50% at fault for the incident.

6. What kind of evidence do I need for a defective product lawsuit?

Substantial evidence is crucial for a successful claim. You should gather:

  • The defective product itself.
  • Medical records proving your injuries.
  • Receipts and warranties for the product.
  • Expert testimony on product safety defects.

Conclusion: Protecting Your Rights in a Defective Product Case

Defective products pose a serious risk to consumers, but Nevada law provides legal avenues for victims to seek justice. By filing a lawsuit, you not only pursue compensation for your injuries but also hold negligent companies accountable for unsafe products.

If you or a loved one has been injured due to a defective product, Gina Corena & Associates can help fight for the compensation you deserve.Consulting with an experienced product liability attorney is the best way to ensure your rights are protected and maximize your compensation. If you believe you have a case, take action today to safeguard your future.

As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.

  • This was my first time using a lawyer, which I needed due a major car accident. They made everything simple and stress free, and I couldn’t be happier with the attentive care I received from everyone at the law office. Gresia was fantastic, and kept in touch regularly. She was professional, knowledgeable, and very kind. I would recommend them to anyone.

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