Las Vegas Defective Product Attorney
Shook & Stone - Product Liability Lawyers in Las Vegas
Las Vegas Defective Product Injury Lawyers
If you have been injured by a defective product, Shook & Stone can help. We are highly experienced in the laws that protect consumers against harm from products and know who may be responsible when actual harm occurs due to their negligence.
Shook & Stone is committed to protecting people harmed by defective products through our legal services which include litigation on behalf of clients as well as consultation with other attorneys about how best to proceed following injuries caused by dangerous or harmful objects.
In a defective product case, an individual or company can be held liable for any number of products ranging from faulty medical devices to foods that cause food poisoning. Other dangerous defects have included prescription drug bottles, airbags, household appliances, faulty ignitions, toys and so much more.
The jurisdiction in which the litigation is filed will dictate who may potentially bear responsibility as it passes through manufacturers and retailers on its way to consumers.
Manufacturing, Design, and Marketing Defects
Manufacturing defects are the most common type of product defect that leads to injury or death. The item may have been improperly constructed, and this could cause it to damage another object such as a motor vehicle component defect that causes an accident.
A manufacturing error occurs during the stage at which a manufacturer develops a new product. This can include poor customer research, missing safety features, or problems with the engineering of a product before it goes to market.
Marketing defects refer to items that were never adequately tested and certified as being safe for consumers.
This is why the help of an experienced Nevada defective products attorney is needed as they can estimate your loss in monetary value due to injuries caused by a dangerous or harmful item.
Overwhelming medical bills and loss of income are two of the main causes for a personal bankruptcy. We can help by ensuring that you receive compensation to pay back debts as well as cover future expenses.
The Consumer Products Safety Commission (CPSC) reported that in 2014 there were more than 250,000 injuries associated with consumer goods across the United States.
Injuries are especially common for children, who often suffer from choking on small unsafe parts of toys or other products they have accessible to them.
Product liability is not limited to tangible objects such as pharmaceutical products and machinery. Information technology items that do not work properly can be considered a defect too — even if they’re manufactured using complex software programs created by experts.
The CPSC also reported that there were tens of thousands of injuries related to consumer electronics and children’s toys in 2014.
A design defect refers to a defective product that was not adequately researched or tested before being brought to the market.
A marketing defect is one in which an item was never properly certified as being safe for consumers. These are examples of how an item may be found to have been negligently marketed, manufactured or designed.
Injury victims who have sustained physical injuries because of an item that was never adequately tested and certified as being safe for consumers can recover compensation through a design defect claim.
To be found at fault in the production of a defective product, it must be shown that the manufacturer showed negligence during the manufacturing process or had given little attention to whether the item was adequately tested before being brought to the market.
Your product liability case will hinge upon which statute of limitations is relevant to your case. If you are dealing with a dangerous product the time frame could vary.
An experienced Nevada defective products attorney can determine which statute of limitations will apply to your case and give you an estimate on how long the process could take.
Failure to Warn
Product Liability Lawsuits can be brought against a company, manufacturer who know about a potential hazard but do nothing to warn the public. The failure to warn of a potentially dangerous or hazardous product is the basis for filing such a lawsuit.
Some product liability lawsuits require proof that the manufacturer had actual knowledge of the defect and may be aware that it could cause an injury. Even if there were not any prior cases where such injuries occurred.
If you prove that the maker of an item was aware of the foreseeable danger and did nothing to warn you, then you may be able to file a lawsuit.
In products liability cases where negligence is involved, it must be demonstrated that there was a duty owed to those who were likely to use the product in question.
You might have noticed that most manufacturers will place labels on their products that warn users of the dangers related to any potential hazards.
For example, if you’ve injured yourself because you used a certain product in its suggested way but were not warned by the manufacturer about the hazards involved, then this is an indication that your product might have been defectively designed or manufactured.
Negligence cases may also be filed against a manufacturer who advertises an item that may not be safe. This is especially true when an item causes injury due to the failure of its basic function or purpose for which it was intended to be used.
The (ANSI) American National Standards Institute has created the guidelines for what must be included in a warning label on all electrical products. The product’s instructions and warnings must indicate how to use the device safely and avoid injury as much as possible.
The (UL) Underwriters Laboratories has established safety standards that are followed by every manufacturer of consumer devices such as television sets, computers, and electrical appliances.
Products that have been approved for use by the Underwriters Laboratories’ safety standards would include a “UL Mark,” which is usually found on the outside of any consumer product.
You should always check to be sure that you’re buying a product with this label before making your purchase at an electronics or department store, as it will give you some comfort that the product was made safely.
Statute of Limitations on Defective Products and Product Liability in Nevada
In Nevada, the statute of limitations for product liability cases is four years from the date of the injury or three years from the date the injury was discovered, or should have been discovered, through reasonable diligence (Nevada Revised Statutes Section 11.190(4)(e)).
This means that if you are injured by a defective product, you have up to four years to file a lawsuit against the manufacturer, distributor, or retailer responsible for the defective product.
It is important to note that the statute of limitations can vary depending on the specific details of the case, so it is always best to consult with an experienced Las Vegas personal injury attorney to understand your legal rights and options..
A Product Liability Law Firm
Frequently Asked Questions
There are many types of defects in products, but some of the most common include:
- environmental factors (e.g. extreme temperatures or humidity)
- human error during manufacture or assembly
- inadequate quality control
- incorrect or faulty materials
- inadequate warnings
- poor product design
Defective products can cause a range of problems, from minor inconvenience to serious injury or even death. In some cases, defects may also lead to damage to property.
- Puncture wounds-Takata Airbags
- Chemical burns-Hair Dye
- Facial injuries-Vape Pen Explosions
- Amputations-Table Saws or Lawn Mowers
- Death-Defective Automobile Parts and Medical Devices
- Broken Bones-Ladders or Chairs
- Permanent Scars-Vape Pen Explosions and Tanning Booths
- Traumatic Brain Injuries-Defective Helmets or Car Parts
If you have purchased a defective product, you may be entitled to a refund, repair or replacement of the product, or compensation for any damages caused by the defect.
These rights will vary depending on the law in your jurisdiction and the specific circumstances of your case.
You should always consult with a products liability lawyer to get specific advice about your legal claim and options.
If you believe you have a defective product, you should contact the seller or manufacturer of the product as soon as possible. Keep the defective product in your possession or take a photo of it to show to your lawyer. Shook & Stone’s personal injury lawyers are available to help you pursue your product liability claim for damages today.
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Shook & Stone
9455 W Russell Rd Suite 100
Las Vegas, NV 89148