A defective product injury changes everything in an instant. In the minutes and hours that follow, the decisions you make — or fail to make — can have a lasting impact on your ability to recover full compensation. This guide walks through the steps Nevada injury victims should take after being hurt by a defective product, in the order they matter most.
Step 1: Get medical attention immediately
Your health is the first priority, full stop. If the injury is serious, call 911. If you are able to seek care on your own, go to an emergency room or urgent care the same day — even if you feel like the injury might not be that bad.
Two reasons this matters for your legal case, beyond the obvious: First, a same-day medical record establishes a direct timeline between the incident and your injuries. Defense teams routinely argue that a gap between the incident and the first medical visit means the injury was either not serious or was caused by something else. Close that door immediately. Second, injuries from product defects — particularly spinal injuries from off-road vehicle crashes, burns from fire incidents, and crush injuries from structural failures — often present more seriously in the days after the incident than in the initial moments.
Step 2: Preserve the product — do not repair it
The defective product is the most important piece of evidence in your case. Do not:
- Return the product to the manufacturer or dealer
- Allow a recall repair to be performed on it
- Discard, modify, or repair any part of the product
- Allow anyone — including insurance adjusters, manufacturer representatives, or the other driver — to inspect or take the product without your attorney present
Take the product to a secure location and keep it exactly as it was at the time of the incident. Photograph the product immediately — multiple angles, close-up shots of any damage, and close-ups of any components that appear to have failed. If anyone requests access to the product before you have a lawyer, politely decline and say you will have your attorney contact them.
Step 3: Document the scene and the circumstances
If you are physically able to do so safely, document everything about where and how the incident occurred:
- Photographs of the scene, including terrain, lighting, and any observable hazards
- Photographs of your injuries before treatment
- Names and contact information of any witnesses
- Any video footage that may exist — security cameras, dashcams, other riders with helmet cams
- The product’s serial number, VIN, and model information
- Any purchase documents, warranty information, or recall notices you received
If the incident involved an off-road vehicle, note whether a recall had previously been announced for that model. Check the CPSC website at cpsc.gov using the VIN or model number. Our Product Recalls Hub also maintains a running list of active recalls.
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Step 4: Write down what happened while it is fresh
Memory degrades quickly, especially after a traumatic event. Within 24 hours, write a detailed account of exactly what happened — not for public consumption, but for your own record and for your attorney. Include what you were doing immediately before the incident, how you were using the product, what you noticed just before the failure, exactly how the injury occurred, who was present, and what happened immediately after.
Keep this account private. Do not post about the incident on social media. Defense teams routinely search social media for posts by plaintiffs, and a single photo or offhand comment can be taken out of context and used against you.
Step 5: Report the incident to the CPSC
The U.S. Consumer Product Safety Commission operates SaferProducts.gov, a public database where consumers can report product-related injuries. Filing a report does two things: it creates a contemporaneous record of the incident that can be valuable in litigation, and it contributes to CPSC’s monitoring of defect patterns — which can trigger investigations and recalls that protect other consumers.
Filing a CPSC report is not a substitute for legal action and does not preserve your legal rights. But it is a useful early step that takes minutes.
Step 6: Call a product liability lawyer before talking to the manufacturer or insurer
This is the step that most people delay — and it is one of the most consequential decisions you will make.
After a defective product injury, you are likely to receive contact from the manufacturer’s customer service team, a product liability adjuster, or an insurance representative from your own policy. All of them will be friendly. None of them are working in your interest.
Do not:
- Give a recorded statement to any insurance adjuster before speaking with an attorney
- Accept any settlement offer — even a preliminary one — before a lawyer has evaluated the full value of your claim
- Sign any release or authorization documents
- Agree to have the product inspected by the manufacturer’s representative alone
Initial settlement offers from manufacturers and their insurers are almost always far below the actual value of the claim. Once you sign a release, you cannot go back. A free consultation with a Shook & Stone attorney costs you nothing and tells you what your case is actually worth before you make any decisions.
Step 7: Understand your deadlines
Nevada law generally gives you two years from the date of injury to file a product liability claim. That window sounds long but closes faster than you expect — particularly when you factor in the time needed to preserve evidence, identify the defect, secure expert witnesses, and build the case. See our Nevada Product Liability Statute of Limitations guide for a full breakdown of how the deadline works and when it can be extended.
What Shook & Stone does in a product liability case
When you call us after a defective product injury, here is what happens: we evaluate the incident, review any available recall records or prior litigation history for the product, identify the likely defect theory, and give you an honest read of what we think is possible — in plain language, before you commit to anything.
If we take the case, we work on contingency: no fee unless we win. We handle the investigation, the expert retention, the demand to preserve the product, and the litigation. You focus on recovering. Our clients have collectively recovered more than $500 million over more than two decades.
For the full legal framework behind Nevada product liability cases, see our Nevada Product Liability Laws Explained page and our Las Vegas Defective Product Lawyer page.
Frequently asked questions
What if the product has already been repaired or discarded?
Loss of the physical evidence is a real problem but not always a fatal one. Photographs, repair records, recall databases, and prior litigation involving the same product can sometimes compensate for the absence of the physical unit. Call us anyway — we will tell you what we have to work with.
What if I was partly at fault for the injury?
Nevada’s comparative fault rules allow recovery even if you were partially at fault, as long as your share of fault does not exceed 50 percent. Whether you were “at fault” for using a product that failed due to a manufacturing or design defect is a contested issue — being on a steep trail when the steering failed is not the same as being at fault for the steering failure.
Do I need to keep my medical appointments?
Yes, and this matters more than most people realize. Gaps in medical treatment are frequently used by defense teams to argue that the injury was not serious or that the plaintiff’s ongoing symptoms are not related to the incident. Follow your treatment plan, keep your appointments, and document your recovery.
What if the manufacturer contacts me directly after the incident?
Politely decline to discuss the incident and refer them to your attorney. If you have not yet hired an attorney, say only that you are still evaluating your options and are not prepared to discuss the matter at this time. Do not volunteer information, accept apologies that include language about settlement, or allow inspection of the product without your attorney’s involvement.
How do I know if my case is worth pursuing?
The best way to find out is a free consultation. What matters most is the severity of your injury, the existence of a documentable defect, and the causal link between the two. Cases involving CPSC recalls, prior litigation history, and documented manufacturer knowledge of the defect are particularly strong. But every case is evaluated on its specific facts, and we are happy to give you a candid read on yours.
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