From multi-ton motor vehicles to nearly microscopic medical devices, every product made and sold in Nevada should work as advertised and be reasonably safe to use as directed. Any manufacturer that fails to meet this basic standard and allows a consumer to get hurt may hold liability for that person’s injuries and ensuing losses. Unfortunately, getting a positive result from this type of civil claim is often easier said than done.
Fortunately, you have assistance available from knowledgeable and tenacious personal injury attorneys with years of experience handling cases like yours on behalf of people much like you. With a Reno defective products lawyer on your side, you will be able to more effectively enforce your rights and give yourself better chances of a favorable final case result than you would likely have filing suit on your own.
When Is It Possible to File a Product Liability Claim?
Product liability claims are a somewhat unique subcategory of personal injury litigation because they are not always built around the legal theory of negligence. It is much more common for lawsuits over defective consumer products to be built around “strict liability” instead. Under this theory, product manufacturers are automatically liable for an injured person’s damages under certain circumstances.
The first step to building a successful strict liability claim around a defective product is establishing that the product was, in fact, deficient in either its design, manufacturing, or marketing when it left the manufacturer’s direct control. The next step involves proving that the product’s condition did not meaningfully change between when it left the manufacturer’s control and when it entered the injured plaintiff’s possession. This means proving that no third party tampered with an otherwise safe product to make it unreasonably unsafe.
Next, the plaintiff must establish that they were using the product in a “foreseeable” way, which—as a seasoned Reno defective products attorney could further explain—is not always limited to the uses the manufacturer considers foreseeable. Finally, the plaintiff must show that the injuries and losses they are seeking compensation for stemmed directly and primarily from the defect in question rather than from any other source.
Filing Suit With Help from Other Injured People
Just like any other personal injury claim, a successful product liability lawsuit can incorporate both economic and non-economic forms of harm that an injured person suffered because of a defective product, including:
- Medical expenses
- Lost work income
- Physical and psychological suffering
- The costs of replacing or repairing the defective product
In practice, though, many of these claims name giant manufacturing companies with huge legal teams as defendants, and overcoming opposition like that can be difficult for even the most well-prepared plaintiff.
In many cases, a single line of defective products injures multiple people before it is recalled, and those people can often band together and pursue compensation as a group in the form of “mass tort litigation.” Once again, a knowledgeable product liability lawyer in Reno could go into further detail about this potential filing option and, if applicable, assist with starting such a claim or joining one already in progress.
Contact a Reno Defective Products Attorney Today
Product liability is an especially thorny area of personal injury law, and not one that any injured person should expect to navigate efficiently on their own. If you want to effectively demand compensation for the harm an unreasonably dangerous product caused you, working closely with experienced legal counsel will almost certainly be necessary.
A Reno defective products lawyer’s support could go a long way toward turning the odds of success from this type of claim in your favor. Call Shook & Stone today to learn more.