Do I Have a Product Liability Case?

Posted on behalf of Henness & Haight on Jun 21, 2017 in Product Liability News

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Defective products pose a serious threat to consumer safety and can cause an unsuspecting person to suffer serious injury or death.

If you or someone you love has been harmed by a defective product, you may be entitled to compensation through a product liability claim.

The Las Vegas product liability attorneys at Henness & Haight are dedicated to fighting for the rights of consumers. Contact us to find out if you can pursue legal action against a negligent manufacturer. You may be entitled to compensation for your medical bills and pain and suffering.

Types of Defects

Most product liability cases are based on one of three types of defects:

  • Design defect: A flaw that was present in the product from its initial inception. The product was defective before it was manufactured and has an inherent error in its design that makes it unsafe.
  • Manufacturing defect: A defect that occurred when the product was manufactured.
  • Marketing defect: The product was misrepresented to consumers, was improperly labeled, did not have sufficient instructions or had inadequate safety instructions.

Our product liability lawyers will help you identify the cause of the defect that harmed you or your loved one. We will then use this to help you properly bring a claim against the party responsible for the product’s defect.

Types of Product Liability Claims

There are several types of product liability claims that can be filed. Our attorneys will analyze the circumstances of your injury to determine which type of case is appropriate for you.

Strict Liability

In Nevada, manufacturers, distributors and sellers of defective products can be held strictly liable for injuries resulting from their products, even if they were not reckless or negligent in its production or sale.

Strict liability can be used in product liability claims if the following conditions apply:

  • The product contained a defect that made it unreasonably dangerous
  • The defect was present when it left the at-fault party’s control
  • The product was used in its intended manner
  • The defect directly caused the victim to suffer injury or damage

Strict liability is only applied to claims in which the victim was injured by a product that was being used as intended. If you are found to have misused a product, you cannot file a claim based on strict liability.

Negligence

If strict liability does not apply to your product liability claim, it may be possible to bring a claim by proving the at-fault party’s negligence. This will require you to prove the following elements are present in your claim:

  • Duty of Care: The manufacturer, designer or seller had a duty to ensure its product was safe for consumer use.
  • Breach of Duty: The at-fault party breached its duty by failing to design, manufacture or sell a safe and reliable product.
  • Causation: The at-fault party’s breach of duty directly caused your injury when you used its product as it was originally intended.
  • Damages: The product’s defect caused you damages and losses. This could be in the form of medical bills, lost wages, pain and suffering, and other types of harm.

We will work to build a case on your behalf that proves the at-fault party acted negligently in designing, manufacturing or selling a defective product to consumers.

Breach of Warranty

Consumers rely on the promises, or warranties, a manufacturer or seller makes about the quality of a product and how it can be used.

This type of case can be based on two types of warranties:

  • Expressed warranty: A guarantee directly expressed from the manufacturer or seller that the product is safe to use in a certain way. An expressed warranty is usually made in written statements but can also be stated through an advertisement.
  • Implied warranty: An assumption based on the consumer’s reasonable expectations that the manufacturer or seller has created and sold a safe and reliable product for the consumer’s benefit.

Our attorneys will fight to hold a manufacturer or seller accountable for any breach of warranty or product misrepresentation that might have led to your injury.

Contact our Product Liability Lawyers

If you or someone you love was injured by a defective product, do not hesitate to contact Henness & Haight’s Las Vegas product liability lawyers.

We provide prospective clients with a free, no obligation consultation to review their claim and determine if it entitles them to pursue legal action and recover damages from the at-fault party.

Our accomplished attorneys only work on a contingency fee basis, which means you will never have to pay upfront for our services. We only charge you if we successfully recover compensation for your claim.

Complete our Free Case Evaluation form to get started today.