Guide to Defective Product Lawsuits
When you buy a product, the least you expect is for it to work. Unfortunately, sometimes products do malfunction. When that happens, there’s a chance you may be injured.
If you think the product manufacturer should be the one responsible for your damages, you should know that the law in Nevada is on your side. Nevada has strong laws that protect victims of defective products. Here’s your guide to defective product lawsuits in Nevada:
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What Is a Defective Product Lawsuit?
A defective product lawsuit is a lawsuit based on a malfunctioning product. People in business have an obligation to only develop and produce products that are safe. Defective product lawsuits protect consumers that get hurt because of goods that malfunction. A victim can bring a claim for compensation for a wide range of damages. Defective product lawsuits are a type of personal injury lawsuit.
What Kinds of Defective Product Lawsuits Are There?
There are three types of defective product lawsuits. These include defective manufacturing, defective design and failure to warn.
Sometimes, mistakes happen in the production process. A product manufacturer might not spot a broken product, or they might send it out for sale not knowing that it’s defective. For example, a machine malfunction might cause an airbag to fail to deploy. A production error might result in an electric blanket that catches on fire. There are countless ways that defective products may cause an injury.
All kinds of products qualify, from vehicles to furniture to health care devices and any other product that you can think of. Even the food that you eat may be defective. Any product that goes into the stream of commerce with a manufacturing error may be a defective product. If you’re hurt as a result, you may have a products liability claim based on faulty manufacturing.
It’s up to the manufacturer to have quality control. If a product has production mistakes that make the product unsafe, the manufacturer shouldn’t sell it. It’s not up to the consumer to be able to spot manufacturing errors. It’s okay for you to presume that a product is made correctly. If a production defect results in an injury, you may have a defective product lawsuit.
Sometimes, a manufacturer designs a product poorly. Even though it might not be intentional, the design itself can be the problem. A manufacturer must take care to design safe products. When a product isn’t safe and it results in an injury, you may have a lawsuit for a defective product based on bad product design.
An example of a defective design is a vehicle that’s likely to roll over in an accident. It could also be a chair that’s prone to fall backward or a can of whipped cream that unexpectedly explodes. There are countless products on the market, and all of them must be designed safely.
In a defective design case, there are a number of ways to look at whether the design falls below legally acceptable standards. The best method is to compare the design to other products available in the same time period. If the product is older, you compare it to similar models that were built and sold during that time. It’s not fair to compare a product to models that come along later with updated technologies. Instead, you look at safe designs available at the time. You determine if the product that caused the injury has a reasonable design based on what the manufacturer could and should have done at the time.
Another critical consideration for defective design cases is whether the manufacturer follows the rules and regulations. If the manufacturer violates a regulation, it’s strong evidence of bad design. A faulty design can be grounds for a product liability lawsuit.
Failure to Warn
It’s not enough for a product manufacturer just to make a product. Instead, they have to show buyers how to use the product correctly. They must warn consumers about potential dangers that are associated with their product. It’s only fair that consumers have a fair chance to learn how to use a product the right way.
A manufacturer must include appropriate instructions with their product. For example, if a fast-food restaurant sells coffee that’s too hot to drink right away, they need to warn the consumer to wait. If a folding chair is likely to fall over when someone tries to stand on it, the chair manufacturer needs to inform consumers not to stand on the chair.
The product manufacturer must give adequate warnings for all types of uses that they can reasonably foresee based on the type of product. For example, it’s reasonable to assume that someone might try to stand on a chair. A products manufacturer must give instructions to help consumers use their products safely and correctly.
Do I Have to Prove Negligence on the Part of the Product Manufacturer to Win a Defective Product Lawsuit?
As the victim of a defective product, you don’t have to show negligence on the part of the manufacturer. When you’re hurt because of a defective product, it’s presumed that the product manufacturer did something wrong just because the defective product exists. The law doesn’t place a burden on the victim to prove exactly what went wrong.
Since the manufacturer likely has access to that information, it’s not fair to expect the victim to prove what went wrong. It’s up to the manufacturer of a defective product to compensate the victims who are hurt. Product manufacturers are on the hook when they place defective products on the market.
Finding the Right Attorney for Defective Product Lawsuits
Have you been hurt because of a defective product? Our team of product liability lawyers may be able to help. We’ve helped victims of dangerous products, and we want to help you, too.
We can help you determine what went wrong in your case and what you can expect if you decide to bring a claim. If you work with us, we handle each stage in the case on your behalf. We want you to reach the best possible outcome for your unique case. Call us today for a no-obligation, no-cost immediate consultation with a member of our team.
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With more than 31 years of experience fighting for victims of personal injury in the Las Vegas valley, Attorney Adam S. Kutner knows his way around the Nevada court system and how to get clients their settlement promptly and trouble-free.
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