Product Liability FAQs

Consumers have the right to trust the products they buy are safe. Sadly, that’s not always the case. If you suffered an injury due to a malfunctioning auto part, dangerous drug, defective medical device, or other product, you could be entitled to compensation in Nevada. 

Product liability cases are complex because you’re not going up against the average citizen. You’re filing a legal claim against big businesses backed by aggressive defense lawyers who will stop at nothing to undercut your injury claim. Get THE702FIRM Injury Attorneys on your side. 

Our experienced products liability lawyers don’t back down and won’t give up. We’re committed to recovering maximum compensation from our clients. 

Need help determining whether you have a valid claim? Here are answers to the most commonly asked questions about defective products cases. You can also contact us for a personalized, free consultation with a trusted product liability lawyer in Las Vegas, NV.  

What is a Product Liability Claim?

Product liability is an area of the law allowing consumers to hold manufacturers or other parties responsible for defective products that harm them. You could seek compensation for your injury from a defective product by filing a product liability claim against the manufacturer, distributor, or retailer.

What Types of Defects Create Liability?

 Product liability claims typically arise due to one of the following defects: 

• Design defect – A design defect is inherent in the product, making it dangerous to consumers. All products of the same type will be hazardous if the design is flawed.
• Manufacturing defect – A manufacturing defect occurs when a product is not assembled according to its design. Often, only a few products of the same type are faulty when a manufacturing defect arises. 
• Failure to warn – This means that a manufacturer, distributor, or retailer did not warn consumers about the product’s potential for harm.

 What Types of Product Liability Cases Are There?

 Product liability claims are typically based on one of two legal theories: negligence and strict liability.

• Negligence – A negligence claim asserts that the defendant had a duty to exercise reasonable care to keep the victim free from harm and failed, resulting in the victim’s injuries. 
• Strict liability – Strict liability exists when a defendant is held liable for injury regardless of the defendant’s intent, actions, or inaction. 

What Are the Common Causes of Defective Products?

Products can fail for various reasons. Some of the most common causes of defective products include: 

• Poor design
• Insufficient product testing
• Lack of warnings about the product’s inherent danger
• Improper maintenance of components
• Production or construction error
• Damage during transport or delivery
• Dangerous materials in the manufacturing of the product 

 Who is Responsible if a Defective Product Injures Me?

 Various parties and entities could be responsible for injuries you suffer from a defective product, including:  

• Product designer
• Product manufacturer
• Manufacturer of the product’s parts
• Distributor or wholesaler
• Shipping company
• Retailer

 How Do I Prove My Product Liability Claim?

Strict liability is the basis for many claims involving defective products. With strict liability, a plaintiff is not required to prove that the manufacturer’s negligence caused their injury. Instead, they must show they used the product for its intended purpose and sustained an injury due to the defect.

If your product liability claim is based on negligence, your attorney must establish these elements:

• The defendant (e.g., a product manufacturer) had a duty to avoid harming you 
• They breached their duty through some action or omission
• Your injury was due to the breach
• You suffered losses as a result

Product liability lawyers will collect solid evidence to hold a defendant accountable in a defective products case. Some of that evidence includes: 

• The faulty product
• Photos from the accident scene 
• Photos from your injuries
• Medical records and bills
• Witness testimony 
• Expert opinions

Why Should I Hire a Product Liability Lawyer in Las Vegas?

If a defective product injures you, you should not take legal action alone. Product liability is a complex area of the law, and a successful case requires the knowledge and resources of an experienced attorney. Hiring a lawyer can increase your chances of obtaining the compensation you deserve. 

A product liability attorney in Las Vegas, NV can assist with the legal process from start to finish. They will: 

• Establishing liability – Your lawyer will investigate the facts of the case to determine who is liable for the defective product and your injuries.
• Determining insurance coverage – Your attorney will identify all possible sources of compensation, including available insurance policies, and help you file claims with the appropriate insurers. 
• Gathering evidence – Your lawyer can also locate crucial evidence to support your case, including eyewitnesses, security camera footage, pictures from the accident scene, medical records, and expert testimony. 
• Filing the legal paperwork – Product liability attorneys will keep track of crucial deadlines to ensure that your claims are promptly and correctly filed. That way, you won’t lose your right to take legal action against an at-fault party. 
• Calculating your losses – You might not know how much money to demand in settlement negotiations without a lawyer’s guidance. A skilled attorney can account for past and future losses when determining what your case is worth. A product liability lawyer can also place a value on intangible losses like pain and suffering. 
• Taking your case to trial – An experienced litigator can file a product liability lawsuit and take your case to trial if the other side makes a lowball settlement offer that does not account for all your losses. 

Contact Us Now for a Free Consultation

Navigating the legal system can be challenging, but you don’t have to do it alone. 

At THE702FIRM Injury Attorney, our product liability lawyers will demand maximum compensation so you can move on with your life. Contact us today for a free consultation.