Las Vegas Defective Product Attorneys
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. If you need to speak with someone about a faulty product, feel free to call SJW Injury Attorneys and 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.
We are here to discuss your injury and your rights, and to help get things back on track. If you are worried about how much it costs to hire an injury attorney at SJW, don’t be—there is no fee until we win your case. If you prefer to better understand your potential case before calling, we have provided some additional information about product liability cases in Las Vegas below in the hope it helps.
Who Is Responsible If I’m Injured By A Defective Or Faulty Product?
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 then others. For example, medication and medical equipment that fail to work as intended can cause complications leading to the severe injury and/or a 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 the 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?
In Nevada, 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.
If you were hurt because a faulty product failed to do what it was supposed to do, one of the lawyers at SJW Injury Attorneys can help, call or come by. 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 completely free.
Can I Sue a Manufacturer For a Faulty Product?
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 guaranty 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
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.
Defective (Or Inadequate) Labels And Warnings
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.
Breach Of Warranty
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 defective products 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, the CPSC, within 24 hours of any known risks to consumers. If a recall is issued on the goods or product 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, they may face additional liability for failing to take action and prevent further injuries. 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.
How Do You Prove a Product is Defective?
There are three types of cases to 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 defective products attorney in Las Vegas. We can help decipher your claim as well as collect the necessary information for filing.
Discuss your Defective Product Case with SJW Injury Attorneys
We put our trust in products, sometimes with our lives, every day. When that trust is broken and it results in an injury from a defective product, companies should be held accountable. They owe a duty to prioritize the health and safety of all of their customers, including the people currently using their products and all the customers that will use their products in the future.
At SJW Injury Attorneys, we know what it takes to handle defective product cases and get results. As always, if you hire us, we do not charge a fee until we win your case. If you would like to discuss your case, please call or visit our Northwest Las Vegas law offices today to speak with one of our attorneys.