Boulder City Product Liability Attorneys
Understanding Product Liability in Nevada
Product liability is a type of personal injury law that allows people to seek compensation for harm caused by defective or dangerous products. These products can cause a wide range of injuries, from minor burns and cuts to devastating and irreversible brain damage. In Nevada, product liability claims are governed by the state's strict liability laws.
If a defective product caused you or your loved one harm, you may be entitled to compensation. Our Boulder City product liability attorneys at Bertoldo Carter Smith & Cullen are here to help you understand your rights and explore your options for seeking justice.
When Are Products Considered Defective?
Product liability refers to the legal responsibility of manufacturers, distributors, retailers, and other parties involved in the production and distribution of a product for any harm or injuries caused to consumers or users of the product due to defects or hazards associated with the product. Product liability laws are in place to protect consumers and ensure that products in the marketplace are safe for their intended use.
Products can be defective for several reasons. The most common reasons include:
- Design flaws: All products have certain inherent risks, but some products have inherent risks that are much higher than average. These products have design flaws. Examples include cars, which have a high risk of rollover crashes, and toys, which are often designed with small parts that can be easily swallowed by children.
- Manufacturing defects: All products go through a manufacturing process, but sometimes products are damaged during the manufacturing process. If this damage does not get noticed and fixed, the product will go out to the public with a defect. Examples of manufacturing defects include defective tires, defective baby monitors, and defective airbags.
- Failure to warn: Product manufacturers have a duty to warn consumers about inherent risks associated with their products. If a product does not come with any warnings about these risks, the product may be defective.
In Nevada, you may be able to file a product liability lawsuit if you were injured by a defective product. These claims are governed by the state's strict liability laws, which make the product manufacturer or seller liable for any damages caused by a defective product.
To prove liability in a product liability claim, you will have to prove the following:
- The product was defective
- The defect caused your injuries
- You were using the product as it was intended
- You suffered actual damages
The statute of limitations for product liability claims is two years from the date of the last incident that caused injury. For example, if a defective car part caused you to get into an accident, which then caused you to get injured, your two-year statute of limitations for a product liability claim would start when you got injured in the accident.
Types of Product Liability Claims in Nevada
There are several different types of product liability claims in Nevada. The most common types of product liability claims in the state include:
- Auto Part Defects: This includes defects in various automobile components such as faulty airbags, malfunctioning brakes, defective tires, or flawed engine parts.
- Defective Medical Devices: Medical device defects can range from malfunctioning pacemakers, defective hip or knee implants, to unsafe medical instruments and equipment.
- Pharmaceutical Defects: These involve prescription or over-the-counter drugs that have unexpected side effects, inadequate warnings, or contaminated ingredients.
- Consumer Electronics: Defective consumer electronics can include items like smartphones, laptops, or other devices with issues like exploding batteries, overheating, or malfunctioning components.
- Children's Toys and Products: Toys and child-related products with choking hazards, lead paint, or other safety issues fall into this category.
- Household Appliances: Defective household appliances can include items like stoves, refrigerators, and washing machines that have electrical issues, gas leaks, or fire risks.
- Food Contamination: Products with harmful bacteria, undeclared allergens, or other contaminants that can lead to foodborne illnesses.
- Unsafe Building Materials: Products like defective insulation, roofing, or wiring that can pose risks to the safety of a building's occupants.
- Toxic Chemicals and Substances: Products or materials that contain harmful chemicals or substances, such as asbestos in building materials.
- Clothing and Textiles: Defective clothing and textiles can include items with dangerous flammability, choking hazards, or fabric issues.
- Household Products: Defective household products can encompass a wide range, from furniture with unstable designs to power tools with faulty safety features.
- Recreational and Sports Equipment: Defective sports equipment like helmets, bicycles, or exercise machines with design flaws or weak components.
- Industrial and Construction Equipment: This category includes defective machinery, tools, or construction materials that can pose significant safety risks on job sites.
- Agricultural Equipment: Defective farming machinery or equipment used in the agricultural sector that may lead to injuries.
- Lawn and Garden Products: Defective lawnmowers, trimmers, or gardening equipment that can be hazardous when used as intended.
- Cosmetic Products: Products like makeup or skincare items with allergenic ingredients, harmful chemicals, or contamination issues.
Who is Liable for a Product Liability Lawsuit in Nevada?
In Nevada, as in most jurisdictions in the United States, multiple parties involved in the chain of manufacturing and distribution of a product can potentially be held liable in a product liability claim.
These parties may include:
- Manufacturer: The manufacturer of the product is typically the primary defendant in product liability cases. This can be the company that designed and produced the product. Manufacturer liability can be based on design defects, manufacturing defects, or marketing defects (inadequate warnings or instructions).
- Distributor: Companies or entities that distribute the product from the manufacturer to retailers or other intermediaries can also be held liable. They may be held responsible if they contributed to the defect or failed to take appropriate steps to ensure product safety.
- Retailer: Retailers that sell the defective product to consumers can also be held liable. Their liability may be based on their role in the distribution chain, especially if they knew or should have known about the product's defects.
- Wholesaler: Wholesalers, like distributors, can be held liable if they played a role in distributing a defective product.
- Product Component Manufacturers: In cases where a product contains components or parts made by different manufacturers, the manufacturer of the defective component may also be held liable.
- Repair Shops: In some cases, repair shops or service providers may be held liable if their work on a product causes or contributes to a defect that results in injury.
- Product Designers or Engineers: If the product's design is found to be inherently flawed, the individuals or firms responsible for the product's design may be held liable.
- Marketing and Advertising Firms: If a product is inadequately labeled or marketed, the firms responsible for marketing, advertising, and labeling may face liability, particularly in cases of marketing or labeling defects.
- Government Agencies: In rare cases, government agencies that failed to properly regulate or inspect products may be held partially liable.
If you were injured by a defective product, our Boulder City product liability attorneys can hold the at-fault parties accountable for their actions and maximize your entitled compensation. Do not hesitate to let us fight for you while you recover from your injuries.
“I highly recommend Steve Baker and the entire team. Thank you again for always answering all of our questions and being so easy to work with, something I have not experienced with other firms here in town.”- Steven P.
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“John Bertoldo made us feel very at ease about the situation... They truly care about their clients and making them feel at ease through the entire process. Overall I think the process has been exceptional.”- Pete S.
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We have recovered millions of dollars in successful verdicts and settlements for injured clients throughout the state of Nevada.
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Our attorneys, paralegals and support staff leverage decades of experience across a diverse range of backgrounds on behalf of our clients.
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