Las Vegas Personal Injury Lawyer Zachary D. Clayton Represents Those Harmed by Defective Products & Dangerous Drugs
When a product or prescription medication causes a serious injury, the injured consumer may have the ability to file a civil action to pursue financial restitution for medical expenses, financial losses, and pain and suffering.
But it is important to understand that filing a claim against a large product manufacturer or drug company is going to be an uphill battle. These massive corporations employ teams of experienced defense attorneys who spend their days working to get personal injury claims dismissed or to convince juries to find in favor of the corporation. This is why it is critical that you level the playing field by hiring LV Personal Injury Lawyers.
The professionals with LV Personal Injury Lawyers routinely represent clients who suffered serious personal injuries stemming from a manufacturer’s design or marketing defects. These types of defects also happen to be the most common causes for a product liability suit across the country.
Examples of Product Liability Cases
Below is an overview of some common types of product liability cases.
- Defective vehicles and vehicle components
- Defective drugs and medical products
- Defective consumer products
- Inadequate safety advisories and usage instructions
- And other product liability cases
Pursuing Certain Kinds of Damages Stemming from a Substantial Accident
Zachary D. Clayton and his legal team will seek monetary compensation on your behalf. This restitution will cover the costs that come with long-term treatment and medical care, in addition to lost income reimbursement.
After we familiarize ourselves with the long and short-term damages you suffered (both emotionally and physically), we can develop a strategy to hold the negligent party responsible, whether they are a retailer, manufacturer, or someone else. Recoverable monetary compensation includes:
- Property damages, which includes vehicle repairs, replacement, and rentals.
- Suffering and pain, which includes emotional and physical stress.
- In-home or long-term care.
- Lost wage capacity, when injuries prevent clients from coming back to the employment position they held at the time of the accident.
- Missing earnings, which includes present and future income lost because of the injuries.
- Medical care, which includes future and current medical bills, rehab costs, and prescription drugs.
Manufacturing and Design Defects
Under Nevada law, there are generally two types of product defects that create the basis for filing a civil action in state court: (i) manufacturing defects and (ii) design defects.
What is a Manufacturing Defect?
Manufacturing defects occur when there is an error in the assembly phase of the product, and when the finalized product contains a part that is not intended to be there. However, a manufacturing defect is only found in a limited number of manufacturer’s goods. This is because, once an error is discovered, the manufacturer usually will take steps to correct the problem, remake the product, and recall any goods containing the defect.
Unfortunately though, just because a manufacturer may go to great lengths to ensure that the error is corrected and the defective product recalled, they are liable for any injuries that do occur as a result of the error. This is based on the theory of strict liability, which will be explained in depth below.
Keep in mind, an injured Las Vegas consumer must prove that the manufacturing error caused an injury and resulted in damages. They must also be able to prove that the defect existed when the final product left the factory.
What is a Design Defect?
A design defect differs from a manufacturing defect in that the defect resulted from a flaw in the original blueprint for the product. In other words, a design defect was there from the start and is inherent in the product.
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When using a design defect as the basis of a product liability claim, our team of skilled Las Vegas product liability lawyers will determine the following based off the injuries sustained and the circumstances surrounding your injuries:
- Whether or not the product’s initial design was unreasonably dangerous to begin with;
- Whether or not it was possible for the manufacturer and their design team to foresee harm to the potential user; and
- Whether or not the manufacturer could have used a better design that was economically feasible and that would not have altered the purpose of the product in any way.
If we can determine that the answer is yes to any one of the proposed scenarios above, you have a foundation for a product liability claim.
Product Liability Injury Claim Based on a Failure to Warn Consumers
Manufacturing defects and design defects are not the only ways a corporation may be held liable for a dangerous and defective consumer product. A product liability case can also be established when someone sustains an injury due to the manufacturer’s failure to warn the consumer of possible risks.
In the instances in which failure to warn is the cause of damages, any person or entity in the chain of distribution may be held liable, including the distributor and retailer.
According to the American National Standards Institute, warning labels and symbols should be easy to read by everyone, offer a more detailed explanation regarding the potential risks associated with a product, and illustrate the safety risks with pictures. An adequate warning label should also do the following:
- Inform the consumer of any existing hazards;
- Inform the consumer of any potential risks involved by using the product, and how severe those risks may or may not be;
- Inform the consumer of any effects from possible hazards; and
- Educate the consumer on how to use the product so as to avoid the hazard.
In addition to thorough instructions and detail, the label should be positioned in a place in which the consumer will easily find it. It should also be made to withstand normal wear and tear, and should not be easily removed if it is placed on the product itself.
Manufacturers, distributors, wholesalers, and retailers in Nevada have a grave responsibility to the consumer, and as such, must follow several stringent regulations and fulfill numerous requirements before releasing their product for public use. Failure to do so creates potential product liability.
Our team of aggressive Las Vegas product liability lawyers has advocated on behalf of a number of clients who were injured due to inadequate warning labels, design defects, and manufacturers defects, and now we are prepared to fight for on your behalf.
Overview of Potential Product Liability Claims
An injured consumer may have grounds to file a claim against a product manufacturer, distributor, wholesaler, retailer, or a combination. The basis for the claim would be one of the following: (i) negligence, (ii) strict liability, or (iii) breach of a warranty.
Product Liability Claim Based on Negligence
If you file an injury claim based on negligence, you need to show that the manufacturer was careless in the design phase of the product, the manufacturing phase, or both. You also need to prove that the defective product led to your injuries and subsequent damages. You must prove that the manufacturer or someone along the chain of distribution had a duty of care to you – the consumer – and that they breached that duty by acting negligently.
A breach of duty can be proven by showing that the company knew about the defect or should have known about the defect, and failed to resolve the defect accordingly.
There are many components of product development, many of which can be done in error. Those include:
- The drawing up of or reviewing of product plans;
- The maintenance of the machines which make the products;
- The failure to foresee additional uses for the product, outside of what it was intended for;
- The failure to foresee and/or to test for possible defects; and
- The release of a product, which can be too hastily in order to beat the competition.
Product Liability Claim Based on Strict Liability
Nevada adheres to the legal doctrine of strict liability. This means that all an injured consumer must do to establish liability is prove that they were harmed by a product and that it was a flaw in the product’s design, manufacturing, or warning labels that proximately caused the injuries. If the consumer can prove the nexus between defective design, manufacturing, or insufficient warning label and their injuries, they will likely prevail in their product liability case, regardless of how careful the manufacturer was in the creation of the product.
Keep in mind though that when trying to prove strict liability, the product must have been purchased directly from the original chain of distribution and may not have been bought second-hand.
Product Liability Claim Based on Breach of Warranty
A manufacturer or retailer may be sued on the grounds that they breached their warranty to the consumer. There are two types of warranty that can be broken – (i) express warranty and (ii) implied warranty.
- An express warranty is essentially an assumed warranty, meaning that the manufacturer or retailer represented the product in a certain way so as to convince the consumer that it is safe, and safe to be used in the way in which the manufacturer or retailer demonstrated.
- An implied warranty is a direct promise made by the manufacturer regarding the product’s safety.
If either warranty is breached, you probably have the legal grounds to file a personal injury claim against the manufacturer and/or retailer.
Key to Prevailing in a Defective Product Injury Case – Developing a Persuasive and Compelling Case
In order to prevail in a product liability case, you need to have an attorney who is capable of articulating complex technical issues in an easy-to-understand manner that a member of a Las Vegas jury can understand. This usually requires a thorough investigation concerning the causes of the product defect.
LV Personal Injury Lawyers has a network of experts in engineering, materials science, and other specialties. Our legal team will work closely with retained professionals to develop a strong understanding of exactly how the product failed to perform as it was intended to operate. Our firm also works with human factor experts and biomechanical scientists to understand the effect of product failure on the victim’s body and bodily systems.
We will use the findings of these experts to counter the arguments of the defense and to demonstrate how the product caused your harms and losses.
Why You Need to Hire a Las Vegas Product Defect Injury Attorney
There is an array of benefits associated with retaining an injury lawyer.
First and foremost, hiring an attorney allows you to focus on your recovery so you do not have to worry and stress about negotiating with an insurance company.
Second, you need a knowledgeable legal advocate on your side to help balance the proverbial playing field. Many large companies employ numerous defense lawyers ready to challenge your claim. You deserve the same top-notch level of legal representation when asserting your claim.
Next, when you retain the services of Zachary D. Clayton and LV Personal Injury Lawyers, you will be represented by a team of dedicated, ethical and respected attorneys with deep roots in the Las Vegas community, along with a team of skilled investigators, paralegals, and legal assistants to make sure that your case gets the attention it deserves. You can take comfort in know that we will fight to get you the financial restitution you deserve when you need it.
Now is the Time to Take Action – Contact LV Personal Injury Lawyers Today
Now is the time to take action in order to hold the negligent corporation accountable. Contact the top-notch Las Vegas personal injury attorneys with our firm today to schedule a free, confidential case review. We will never charge an hourly fee for our services.
If you suffered a serious bodily injury and were left damaged from a defective consumer product or prescription drug, the skilled and knowledgeable attorneys with LV Personal Injury Lawyers will be able to formulate a contingency fee agreement that is fair and ensures you are taken care of. Our team of knowledgeable and experienced attorneys will also take as much time as necessary to get the financial restitution you are owed.
To schedule a free, confidential case evaluation with an experienced attorney associated with LV Personal Injury Lawyers, call us or contact us online.
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