As consumers, we purchase products that we expect to be safe. Regardless of whether it is medication, a toy, food, furniture, or a vehicle, we expect it to function correctly and without danger. The government agrees with our expectations, which is why there are numerous product liability laws in place to ensure that the products that we purchase and use do not cause harm to us.
Unfortunately, these imposed standards do not always stop dangerous products from making their way into our homes. Too often, the greed of companies pushes them to place product sales and profits above the safety of consumers. As a result, numerous people are injured each year by defective products. Defects can include products that are manufactured wrong, have flawed designs, or inadequate safety warnings.
If you believe you may have been injured by a product you purchased, but you aren’t sure of your rights as a consumer, call the Aaron Law Group today to discuss your injuries and the circumstances surrounding it.
Possible Hazardous Product Injuries
There are endless scenarios that can lead to product liability claims. Some of these include:
- Children getting sick from playing with toxic-smelling toys
- Elderly parents falling ill from dangerous drugs that were recalled by the FDA
- Headaches and dizziness from new furniture gasses
- Property value declining due to faulty construction materials
- Surgical procedures causing worsening pain due to defective medical devices
- A new car has defective seatbelts that failed to provide adequate protection in a car accident
- A faulty booster seat may have caused a child’s death
In each of these cases, individuals are victimized or killed due to products they otherwise expected to function properly. We purchase seats, toys, and new vehicles with the assumption that they are going to be safe to use. We rely on medications and medical devices to treat illnesses without the expectations of them making the conditions worse. We are not wrong to have these expectations.
Product Liability Cases Are Difficult To Pursue
When it comes to gathering evidence to support a product liability case, it is important to determine which category your case falls into. There are generally three different options:
- Manufacturing defect: This is a category that is used to describe defects caused by errors during the manufacturing process. This category typically represents a small portion of a company’s products.
- Design defect: This category includes flaws that are found in the original design and product blueprints. These defects create hazardous conditions for users. This type of flow is one that usually exists before production began and continues to be present throughout the entire line of production.
- Failure to warn: This category is used to describe circumstances when the manufacturer failed to warn the consumer of potential dangers associated with a particular product. When items are offered to consumers, they are usually required to have warning labels that tell consumers of certain risks associated with the product. Some items layout instructions for proper use. If a product does not have these or if the label and directions are inaccurate, they can be held liable for injuries that result from using the product.
Types Of Product Liability Claims
Once you prove that a product is faulty under one of the three categories described, it is important to determine how the product manufacturer is at fault. Again, there are three different areas a claim can be filed under when determining how a company is at fault in a product liability claim. These include:
- Negligence–Cases under this category must demonstrate that the manufacturer’s negligence directly resulted in your injury. Victims filing these claims must prove that the responsible party had a duty to sell a safe product and that they breached this duty because they sold a defective product knowingly or should have known that there was a potential for dangers when using their product. The claimant must further prove that the injuries they sustained were caused by the direct negligence of the manufacturer.
- Strict Liability–Cases filed under strict liability require victims to only demonstrate that the product is defective. If you prove that the product was defective, a manufacturer can be held 100% liable for any injuries sustained as a result.
- Breach of warranty–Consumers filing under breach of warranty often rely on two warranties when they purchase a product. The first one is the express warranty which includes representations of safety that are made by the manufacturer for a particular product. The second is implied warranty, which is a promise that a product will not cause harm. A breach of either one of these warranties can result in a manufacturer or retailer being held responsible for all and any injuries sustained by a claimant.
Case Law That Represents Product Liability
There are numerous cases throughout the history of Nevada law that demonstrates how product liability claims have been presented and won by claimants. Some of the most notable cases include:
Young’s Mach. Co. v. Long, 100 Nev. 692, 692 P.2d 24 (1984) demonstrated that consumers do not need to prove negligence. Another case, Shoshone Coca-Cola Bottling Co. v. Dolinski, 82 Nev. 439, 420 P.2d 855 (1966), shows that injured parties need not show that the company knew about a defect but only that the defect existed when the product left the manufacturing company.
Lewis v. Sea Ray Boats, Inc., 119 Nev. 100, 65 P.3d 245 (2003) found that companies can be held liable for products that are not adequately labeled to show consumers dangers associated with use. Further, Robinson v. G.G.C., Inc., 107 Nev. 135, 808 P.2d 522 (1991) found that companies are not always released of their liability simply because they warned people of danger if the defect could have been avoided.
Product liability is a very difficult claim for individuals to argue without legal assistance. Our law office is professional and extremely knowledgeable about how to fight these cases in order to achieve the best possible outcome.
Who Is Responsible?
When a consumer sustains an injury as the result of using a defective product, there are a number of parties that may be held responsible for selling the defective product if they knew, or should have known, that the product could cause harm to a consumer. Any party that contributed to the design creation, manufacturing, or sale of the product can be held liable for injuries sustained from its use.
There are generally three parties that can be held responsible for product liability claims. These include:
- Retailers–If a company advertises a product and implies that it is safe, they can be held accountable for any defects leading to injuries. It is assumed that a retailer is fully aware of the products they offer for sale and the risks involved with using it. If they fail to disclose information to consumers, they can be held responsible for injuries.
- Wholesalers–The wholesaler represents a middleman between the manufacturer and the retailer. This position is charged with delivering safe products from the manufacturer to the retailer with adequate safety and product information. If a person is injured by a product purchased through a retailer, the wholesaler can be held accountable for providing the product to the retailer without adequate notice of usage risks.
- Manufacturers–This category typically describes anyone that is involved in the design, manufacturing, or marketing of a product. Victims that file claims against manufacturers are able to file suit against numerous parties at once. Quite often, this includes filing a suit against the manufacturer of a specific part that is defective as well as filing a suit against the manufacturer of the product in its entirety.
Although a thorough investigation of your particular claim is necessary, the Aaron Law Group will determine which party is ultimately responsible for the defective product that caused you to sustain an injury.
After making this determination, we will work with you to build an exceptional case on your behalf in order to help you recover the maximum amount of compensation you are entitled to. In addition to compensatory recoveries, we may be able to help you recover punitive damages in cases where negligence is clearly apparent and warrants punishment. Call the Aaron Law Group today to schedule a free consultation with a respected and skilled Las Vegas personal injury attorney who will fight in your corner.
We Represent Clients With A Variety Of Claims
At Aaron Law Group, we are ready to handle a wide range of product liability claims for our clients. We will only take legitimate cases of product defects. When you work with us, you can rest assured knowing that we truly believe your claim is valid and we will fight diligently to ensure you receive the compensation you are entitled to.
We have dealt with client cases regarding numerous product injury cases, including:
- Defective medications and medical devices
- Defective automobiles or auto parts
- Defective consumer products
- Defective or unsafe household items and appliances
- Defective gym equipment, watercraft, or recreational products
- Defective toys for children
- Defective machinery and workplace equipment
- Defective firearms
- Injuries resulting from products after a company’s failure to recall them once deemed defective
Why Are Some Products Defective?
Sometimes companies focus on maximizing their profits rather than putting consumer safety ahead of everything else. As a result, they turn to cheaper and poorer quality materials to make their products. They may cut corners and skip steps in the production process or hire inexperienced workers to assemble their products.
Manufacturer negligence can also involve forgetting to include essential parts or pieces while putting the product together. Failing to adhere to federal or state safety standards or even neglecting to conduct comprehensive safety testing can increase the risk of consumer injuries.
Furthermore, companies can alter specifications to save money or market products for something they actually do not do. Intentionally misrepresenting a product can lead to a very dangerous situation for consumers that rely on it.
What Type Of Damages Are Recoverable In Cases Of Product Liability?
Individuals that file product liability claims are able to recover compensation for a variety of things related to their injury. These often include:
- Medical expenses to treat the injury and any future treatments or therapies that are required for it
- Loss of income resulting from an inability to work caused by the injury
- Pain and suffering sustained by the victim, including both physical and emotional
- Disfigurements that require cosmetic surgeries or those that are unable to be corrected through surgical routes
- Disabilities like twitching, irregular walking, or even loss of sensation can be recoverable in cases of product liability
- Mental anguish resulting from the traumatic experience
- Loss of consortium is recoverable when family members are met with financial and emotional burdens resulting from their loved one’s injury
Victims of product defects need to understand that there are various legal remedies available for them to utilize. These are available to help relieve some financial and emotional costs resulting from injuries caused by defective products. The Aaron Law Group can help you go after compensation you deserve. We aggressively defend all of our clients and will fight for you too.
Gathering Experts To Prove Your Claim
A crucial part of having a successful product liability is knowing how to gather appropriate witnesses to provide expert testimony. It is important to have an analysis and testimony from product experts and engineers. These individuals are often highly educated in product design, manufacturing, or engineering and will secure vital evidence to help prove fault in the defective product.
Quite often, evidence gathered from experts serves as the backbone of your product liability claim. The Aaron Law Group works to ensure top experts are utilized in any given field in order to strengthen your case.
Pursuing Your Right To Compensation For Defective Product Injuries
Our skilled legal team at the Aaron Law Group has more than 26 years of experience handling complicated product liability claims for clients. Our extensive knowledge and resources help determine who is responsible for injuries caused by defective products in order to help our clients recover the most compensation possible for their injuries. If you or a loved one has suffered an injury due to a defective product, contact Aaron Law Group for a free consultation today at 702-550-1111.