Nevada Injury Attorney Explains Manufacturer Liability
Manufacturers are held to strict standards in the United States. Products that any manufacturer releases onto the market are expected to be safe when used as intended and are expected to be useful for the purposes they are sold for. Manufacturers are generally also obligated to comply with both express warranties they make, as well as any applicable implied warranties imposed by law, such as implied warranties of merchantability.
Unfortunately, despite rules to protect consumers, manufacturers still release products onto the market that turn out to be dangerous or that fail to fulfill the promises the company made to consumers. When this happens, consumers can pursue a claim for compensation.
The process by which claims are pursued due to defective products can be a complicated one, and it is best to talk with an attorney who has experience handling claims related to manufacturer liability.
LV Personal Injury Lawyers can help. Our defective product lawyers, such as Zachary D. Clayton, can provide representation to victims who were injured physically or financially by faulty products. We are prepared to help you stand up to companies of all sizes to pursue a claim for full and fair compensation for financial and non-economic loss.
We can work with you to determine the best method of pursuing your claim, to prove the extent of harm, and to take proactive steps to get the compensation you deserve either in court or out of it. You should give us a call today to find out about the ways in which our firm can help you.
What Are Some Common Types of Defective Products in Las Vegas?
Almost any product sold to consumers could turn out to be defective and could cause harm as a result. However, some of the problems that have been especially prone to the issues that endanger consumers in recent years include:
- Motor vehicles: A record number of car recalls have been initiated due to problems ranging from defective Takata airbags to unintended acceleration.
- Drugs and medical devices: Many medications and medical devices have turned out to jeopardize patients, including dangerous hip implants and transvaginal mesh that has caused serious complications.
- Baby equipment: High chairs, car seats, and other baby gear can jeopardize young lives when products go wrong.
- Consumer electronics: Many electronics have failed to live up to their promises and some have even put consumers in danger.
- Sporting equipment: Sports gear that malfunctions can cause a substantial risk of injury to participants in athletic events.
These are just some of the many different kinds of defective products that are sold commonly to consumers and that later turn out to harm those who purchased and used the products.
When are Manufacturers Held Responsible for Damages?
Manufacturers are subject to strict rules under product liability law. In fact, product liability laws in Nevada follow a legal doctrine called strict liability. Under strict liability, a manufacturer is held liable for losses and damages that occur as a direct result of a defect in a product whenever that product is used as intended.
When are Manufacturers Held Responsible for Damages?
Because of strict liability laws, victims injured by defective products do not have to specifically prove a manufacturer was negligent to hold that manufacturer liable for losses and damages. A manufacturer can be held accountable in any circumstances where an accident victim was harmed because of a problem with the product, even if the manufacturer didn’t knowingly do anything wrong.
This is distinct from other types of cases, such as car accident claims, where victims need to show a failure to live up to a reasonable duty of care when driving.
Victims hurt by a product defect do need to prove that a problem with the product was a direct cause of harm. This can be complicated in circumstances where a product makes them sick. For example, if a drug you are taking causes you to develop cancer or heart disease, manufacturers can argue you might have developed these conditions anyway, and it can be hard to prove the direct link between the drugs and the illness.
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Scientific studies, evidence from product recalls, and testimony from expert witnesses can help you to prove that a product manufacturer should be held liable for losses.
Victims can also pursue a claim against a manufacturer for negligence in design or manufacture; for failure to live up to express or implied warranties; or for failure to provide adequate warnings about risks and side effects of using a product.
It is not just manufacturers who can be held accountable for negligence, for failure to fulfill obligations, or for simply getting a defective product into the hands of consumers. Others, including distributors and sellers, can sometimes be held accountable for defective product injuries as well.
Compensation for Injuries Caused by Product Defects
When a victim is hurt by a defective product in Las Vegas, the product manufacturer, distributors, and other responsibilities should be required to fully compensate the injured party. This can include paying for all economic and non-financial losses.
Victims should be compensated for pain and suffering, medical expenditures, loss of wages, reduction in earning potential, and emotional distress caused by the incident with the product or any injuries resulting from it.
When a product causes a fatality to occur, surviving family members of the deceased can pursue a claim to receive wrongful death damages from the product manufacturer or distributor. These can include not just compensation for loss of income the deceased would’ve earned during his lifetime and provided to family members, but also compensation for the loss of the relationship.
Getting Help From Defective Product Attorneys
Zachary D. Clayton, Esq. and other defective product attorneys at LV Personal Injury Lawyers understand how devastating it is to be hurt by a product you are using. We can provide personalized help in taking legal action to recover full and fair compensation for losses.
To find out more about how we can help you, give us a call today.