Can You Sue a Company for a Defective Product?

When we buy a product, we expect it to be safe and work as advertised. But what happens when a product malfunctions or comes with inadequate safety warnings, leading to injury or harm? If you’ve been hurt by a defective product, you might be wondering if you can hold the company responsible. The answer is yes—you may be entitled to sue the company and seek compensation. In this guide, we’ll explain what qualifies as a defective product, how lawsuits work, and what you can expect if you file a claim.

What Is a Defective Product Lawsuit?

A defective product lawsuit is a legal action taken when a product causes harm to someone who uses it as intended. Companies are responsible for ensuring their products are safe, but sometimes dangerous items slip through the cracks. When this happens, injured consumers have the right to pursue compensation for their injuries.

Defective product lawsuits can arise from a variety of items—from household appliances to cars and medical devices. These lawsuits allow victims to recover costs for medical bills, lost income, pain, suffering, and more.

Common Defective Products Involved in Lawsuits

Defective products are found in nearly every industry. Here are some of the most common categories of products involved in lawsuits:

Automotive Defects

Faulty brakes, steering mechanisms, or airbags can lead to serious accidents or fail to protect passengers in the event of a crash. For instance, a defective airbag may not deploy correctly, putting the driver and passengers at risk.

Medical Equipment and Drug Defects

Medical devices, such as implants, pacemakers, or prescription drugs, can sometimes cause harm. For example, a defective implant could lead to infections or other complications that require additional surgery.

Defective Children’s Products

Products designed for children, like car seats, strollers, cribs, and toys, must meet stringent safety standards. When they don’t, children are at risk for choking, suffocation, or injury. For instance, a car seat that doesn’t function properly during a crash could put a child in serious danger.

Dangerous Building Materials and Appliances

Materials like asbestos have been linked to deadly diseases, such as lung cancer. Additionally, household appliances that malfunction could cause fires, explosions, or carbon monoxide poisoning.

Vaping Products

Vaping products have been involved in lawsuits for deceptive marketing and health risks. Some devices have been known to explode, while others have caused respiratory problems.

When a defective product causes injury, the consumer may be able to file a lawsuit against the manufacturer, distributor, or retailer. Compensation from such cases can cover medical expenses, lost wages, and long-term suffering.

What Are the Types of Product Defects?

There are three main types of product defects that can form the basis of a lawsuit. If a product has one of these defects, you may be able to hold the company liable.

Manufacturing Defects

Manufacturing defects occur when something goes wrong during the production process. For example, a screw might be improperly attached, making a ladder unstable and dangerous to use.

Design Defects

A design defect means the product was inherently dangerous even before it was manufactured. A toaster that catches fire during normal use is an example of a design defect. Even if it was made perfectly, the design itself is unsafe.

Failure to Warn (Inadequate Labeling)

Manufacturers must include proper warnings and instructions to ensure safe use. If a product does not have clear safety labels, it could lead to injury. For example, a hairdryer must have a warning about the dangers of using it near water to prevent electrocution.

Legal Framework: Product Liability in Nevada

If you live in Nevada, the law gives you the right to sue for damages if you’re injured by a defective product. Under Nevada law (NRS 695E.090), manufacturers and sellers are held responsible for damages caused by defective products, including:

• Damage to property
• Personal injury
• Death
• Emotional distress
• Economic losses

Nevada law also protects consumers from being blamed for the damage caused by a defective product. This means if a product in your possession is defective and causes harm, you cannot be held responsible for the damages.

Legal Theories for Defective Product Claims in Nevada

There are several legal theories that consumers can use to bring a defective product lawsuit in Nevada:

Breach of Express or Implied Warranty

An express warranty is a clear guarantee provided when you buy a product, such as a label, advertisement, or manual stating what the product will do. An implied warranty is the expectation that the product will function as intended. If a product doesn’t meet these guarantees, you may be able to file a lawsuit for breach of warranty.

Strict Liability

In Nevada, strict liability means that the manufacturer or seller can be held liable even if they weren’t negligent. If the product is defective and caused harm while being used as intended, the company is responsible, regardless of how careful they were during production.

Negligence

Negligence occurs when a company fails to take proper care to ensure its product is safe. For instance, if a company overlooks safety testing or fails to recall a dangerous product, they may be considered negligent.

Intentional Misrepresentation or Fraud

If the manufacturer or seller knew the product was dangerous but did not inform consumers, they could be liable for intentional misrepresentation or fraud.

Types of Damages in Defective Product Lawsuits

If a defective product has caused you injury, you may be entitled to several types of compensation, including:

• Medical bills: Costs of hospital visits, surgeries, medications, and rehabilitation.
• Lost income: Wages lost due to the inability to work after the injury.
• Future earnings: Compensation for future wages lost if the injury prevents you from returning to work.
• Pain and suffering: Non-economic damages for the physical and emotional toll of the injury.
• Wrongful death: Compensation for families of victims who died due to defective products.

Nevada does not place a cap on the damages that can be awarded in product liability cases, provided they are reasonable. However, it’s important to remember that there is a two-year statute of limitations for filing a personal injury lawsuit. This means you must file your claim within two years of the date of your injury.

How to Protect Your Rights in a Defective Product Case

If you’ve been injured by a defective product, it’s essential to seek legal help as soon as possible. Product liability cases can be complex, but with the right legal team, you can increase your chances of securing the compensation you deserve.

At Gina Corena & Associates, our experienced team has a deep understanding of Nevada’s product liability laws. We’ll work closely with you to build a strong case and ensure that the responsible parties are held accountable.

Conclusion

Defective products can cause serious harm, and victims have the right to seek compensation for their injuries. If you’ve been affected by a faulty product, don’t wait to take action. Contact Gina Corena & Associates today for a free consultation. We’ll help you understand your legal options and fight for the compensation you deserve.