Las Vegas Product Liability Lawyers Near You

OUR EXPERTISE

Defective Product Attorney in Las Vegas, Nevada

If you were injured by a product that did not work the way you trusted or expected it to, you are probably wondering if the company that made that product is responsible or liable for your injuries. Often, it depends on whether the product that failed was defective. If so, the company that made it and the company that sold it may be liable for your injuries under Nevada law.

 

Contact a Las Vegas Product Liability Lawyer

If you need to speak with someone about a faulty product, feel free to contact a Las Vegas product liability lawyer at SJW Injury Attorneys by calling (702) 291-8007 or emailing us. One of the partners at our firm will personally speak with you about your potential faulty product case to answer any questions you may have.

Or, if you prefer to discuss them in person, you are more than welcome to simply come by our law offices in Northwest Las Vegas. One of our partners will personally sit down with you for a completely free consultation.

CALL US TODAY

Call Now: (702) 291-8007

Consultations are completely free

Who Is Responsible? Sandoval & James Car Accident Attorneys, PRODUCT LIABILITY

We use a lot of products during the course of a regular day, everything from cleaning products to medications to our automobiles. Of course, we count on those products to work as we expect and when these products fail, people can be, and often are, seriously injured.

Some products certainly pose a greater risk of harm or injury when they fail than others.

For example, medication and medical equipment that fail to work as intended can cause complications leading to severe injury and/or wrongful death of the person who took the medication or used the medical equipment. Our cars are another example of a product that can be incredibly dangerous if there is a defect.

We rely on critical safety equipment in our vehicles like brakes, seatbelts, airbags, and nowadays, computers, along with many other parts that must not fail when needed. Because of the nature of these products, it is clear that if they fail to perform as expected, people can, and often are, severely injured.

However, almost any product can be dangerous when it fails to perform as expected, not just the obviously dangerous ones. People don’t often think of electronic devices, such as cell phones and laptops, as dangerous, and for good reason. When a cell phone doesn’t work as expected, in that it won’t make a call, no one is injured (ignoring the mental anguish of such moments). Nevertheless, when a cell phone’s battery catches fire, people have been severely and permanently injured. Something similar has recently been occurring in vape pens. There have been many reports of their batteries exploding and injuring the person using it.

Fortunately, there are laws in place that help to protect the rights and safety of consumers.

Are distributors liable for defective products?

Nevada law states that both the company that made the product and the company that sold it may be held responsible if the product was used as intended or expected and still caused an injury. These companies may also be responsible if they failed to adequately warn about the risks of using their product.

Las Vegas is our home and we are happy to sit down with people from this community and help in any way we can. As always, consultations are 100% free.

Call Now: (702) 291-8007

Consultations are completely free

Can I Sue a Manufacturer for a Faulty Product? Sandoval & James Car Accident Attorneys, PRODUCT LIABILITY

Under Nevada law (including NRS 695E.090), if a product was defective in its design, manufacturing, or labeling, then the companies that designed, built, and/or sold the product may be responsible for any injuries it caused to a person using the product in a typical or intended manner. In other words, if you were using a product in a normal or intended way and a defect in that product caused it to somehow injure you, the company that made it and the company that sold it can and should be liable for your injuries.

Of course, it only makes sense that companies which make or sell defective products are responsible when those products hurt people.

Sometimes a product may not be defective, in the legal sense, but it still failed to do what the company said it would. For example, if you were hurt while using a product in the same way it was advertised or promoted by the manufacturer, that company may be responsible for your injuries. This is true even if the product did not fail until it was being used beyond the product’s actual intended use.

This is also true if the company provides a warranty or guarantee that the product will perform at a certain level or in a certain manner. Even if the product was not otherwise defective and holds up in the manner and to the level normally expected, once a company guarantees the product can do more, the company can be responsible when the product fails to perform as guaranteed and someone gets hurt.

A defect in the product itself usually comes in one of two forms. It is typically either a defect in the design of the product or a defect in the manufacturing of the product.

A common example of a design defect is a product that is likely to cause injuries even when being used as intended or reasonably expected. A well-known example of a design defect is a car that was designed with its gas tank right behind the rear bumper, making it prone to catching fire when the car was rear-ended.

A common example of a manufacturer’s defect is a flaw in a part of the assembly of a product that causes it to fail. A recent example of a manufacturing defect is the vehicle jack stands sold by Harbor Freight. Jack stands are used to hold up a vehicle during repairs. Several of these jack stands collapsed, dropping the vehicle into the people underneath them. This was because certain parts within them had not been made to the correct specifications in the manufacturing process.

Goods or products can also be considered defective if the labels and warnings placed on them are inadequate. Under Nevada law, companies have a duty to warn their customers of potential dangers and provide them with proper instructions for using their products. Failing to properly warn or instruct consumers can render an item defective and can be used as a basis for filing a product liability claim.

On the other hand, if the risk of injury is obvious given the type of product, a duty to warn does not exist. This means that if an item is clearly dangerous to the average consumer, then the company does not need to provide prior notice of those obvious dangers.

Most consumer goods come with a warranty, which is a representation that a product will perform at a certain level or in a certain manner. If a person is injured because a product failed to work as promised, the companies that made it and sold it could be liable.

There are two types of warranties: express and implied.

  • Express warranties are given directly by the manufacturer. They are usually found in writing somewhere on, or included in, the packaging. A seller can also make an express warranty directly to a consumer in the form of an advertisement or verbally through employees that make representations to the customer.
  • Implied warranties are beliefs that a product will work the way it was intended. No written or verbal guarantee is needed.

Our product liability attorneys here in Las Vegas can help answer any questions you may have relating to a product’s malfunction or defect. Feel free to contact us with these questions.

Manufacturers, distributors, importers, and retailers must report all known product defects to the Consumer Product Safety Commission, CPSC, within 24 hours of any known risks to consumers. If a recall is issued on the goods or products that caused your injuries, it will not have an adverse effect in your case. At the same time, the recall cannot be admitted as evidence to help prove your case either.

However, if the company fails to issue a recall after identifying, or being put on notice of, the defect, it may face additional liability for failing to take action and prevent further injuries.

What a lot of people don’t realize before talking with a Las Vegas manufacturer liability attorney, is that product recalls can also be used as research for your own claim and may help identify the exact issue that caused the product to injure you.

Call Now: (702) 291-8007

Consultations are completely free

How Do You Prove a Product Is Defective?

There are three types of cases a Las Vegas product liability lawyer will generally consider:

  • Defective Manufacturing
  • Defective Design
  • Failure to Warn

When proving a defective product case, you must have the following proof:

  • You were injured or suffered a loss
  • The product is defective
    • Manufacturing error – the product was manufactured incorrectly and had a defect.
    • Design defect – the product was manufactured correctly, but the design is flawed.
    • Failure to Warn – the dangerous qualities of the product were not obvious to the ordinary customer.
  • The defect is what CAUSED your injury/loss
  • You were using the product as it was intended to be used

The easiest way to ensure you have all the items necessary to file a claim is to work with a Las Vegas product liability lawyer. We can help decipher your claim as well as collect the necessary information for filing.

Call Now: (702) 291-8007

Consultations are completely free

Book a Free Consultation

When searching for the best product liability attorney in Las Vegas, you should evaluate the results based on experience, qualifications, and who is ready to help you get the compensation you deserve.

Our team of expert injury attorneys at Sandoval James & Walkenshaw is standing by ready to answer your questions and help determine if you have a product liability case.

We encourage you to book a no-cost, no-obligation consultation with one of our attorneys.

With our extensive knowledge of personal injury law and unwavering commitment to safeguarding your rights, we guarantee that you will obtain the rightful compensation you deserve. Acting promptly is crucial, so avoid any delay.

Call us today at (702) 291-8007 or contact us online.

Testimonials About Our Las Vegas Injury Law Firm

“Shawn Walkenshaw was my lawyer. He helped me through the years of pain and anguish from my accident. He was supportive and truly concerned and helped me get through it. In the end he stood up for me and I am starting the road to recovery. Thank You for being there for me. SJW is the best injury attorney firm in Las Vegas.”

Lisa E

“I wouldn’t recommend any other injury law firm in town! Very professional and always available when you need them. I have used them personally and also recommended family members. Exceptional service and value.”

Greg R

“Best Injury attorneys in town bar none! I will not go to any other attorney after the great experience that I have had here! The attorneys are hard working, honest, and put their clients needs first.”

Chris G

“Hands down the best personal injury firm. I work with lawyers all day, and when I asked around, these are the people they told me to see. Natasha and Ian helped walk me through every step of the process and got the biggest settlement they could. 10/10, if you’re hurt. These are the people to see!”

Ben O

“If you got injured in some type of accident, these are the best attorneys to go to in Vegas! I was badly hurt while at a business. Other lawyers didn’t want my case, Shawn and the other lawyers at SJW fought for me and got the proof to show the business messed up. Got me an amazing result! Life changing money!”

ANTHONY G

“I HAVE BEEN TO MOST OF THE OTHER ATTORNEYS IN LAS VEGAS AND THIS IS THE BEST Attorney I have ever experienced. They keep great contact with their clients. No cold calls.”

LOUIE B

“Ani Gavrilova was amazing! She helped me through the process and close my case best possibly. Best personal injury attorneys in Las Vegas!”

NIKOLAY N

“Shawn is an amazing attorney who puts his clients needs above all. His integrity and ethical standards are of the highest level. I would recommend Shawn as a personal injury attorney to my family and friends should they ever need one!”

JAMES G