Product liability claims give you confidence in a purchase. When you buy a product, whether it is a smartphone, a washing machine or a vacuum cleaner, you have two simple expectations: that it works properly and that it is safe to use. Unfortunately, as any Henderson personal injury attorney can attest to, many products have manufacturing or design defects that make them dangerous to use. Many people suffer severe injuries, including burns and electrocution, and need medical care in hospital.
In this case, the law is on your side. According to Nevada Revised Statutes 695E.090, product liability is defined as liability for damages arising out of:
Thus, you have the right to seek compensation from a product manufacturer or distributor for any economic damages, plus non-economic damages. However, if you want to make sure that you win the maximum compensation you are entitled to, you need professional legal representation by an experienced product liability attorney in Henderson.
Damages You Can Include in a Product Liability Claim
One of the first questions a Henderson personal injury attorney hears during the initial consultation is: “how much money can I recover”? Personal injury law recognizes the following types of damages:
- Medical care expenses, including hospital bills and refilling prescriptions
- Physical therapy and occupational therapy
- Lost wages and loss of earning capacity (if you are unable to return to work)
- Cost with assistive devices and mobility aids
- Pain and suffering
- Emotional trauma.
What You Need to Prove in a Product Liability Case in Nevada
Unlike other types of personal injury cases, if you were injured by a defective product, you do not have to prove that the liable party owed you a duty of care. The duty of care towards consumers is a basic prerequisite for any company that produces and sells products.
As your Henderson personal injury attorney will explain to you, you need to prove that:
- The product was defective
- The liable party is responsible for this defect
- You used the product as it is intended to, in strict compliance with the user manual and producer’s recommendations
- You suffered injuries due to the defect
- These injuries resulted in economic damages, justifying the amount of your claim.
While, on the surface, these aspects appear easy to prove, in reality it takes a lot of time, attention to detail and knowledge of the law in order to build a solid case and win your compensation claim.
How a Henderson Personal Injury Attorney Helps You Win Your Case
An experienced product liability attorney in Henderson will leave nothing to chance. They will build an airtight case, leaving insurance companies no room to deny or devalue your claim. Among others, the lawyer will:
1. Identify the Type of Tort in Your case
Product liability cases can arise out of different types of torts (negligence) related to the design, manufacturing, packaging or advertising for a product. These types of tort are:
Breach of Warranty
A warranty is a firm promise that a product will work as it was advertised and as it is meant to. Product warranties fall into two categories:
- Express warranty – an explicit promise that a product will work, included in the packaging, labeling or advertising for the product
- Implied warranty – without having an explicit warranty, a consumer can fairly believe that a product they purchase will work as intended.
When a product is not working as intended and causes you harm and economic damages, your product liability attorney in Henderson will file your claim on the grounds of breach of warranty.
Strict liability means that you do not have to prove that the producer should have acted with more care in designing or manufacturing their products. Any error in the specifications for building a product resulting in an accident which causes an injury gives the injured party the right to file a strict liability claim.
In some instances, a product does not have a manufacturing or design error, but it was handled, stored and shipped by a distributor in improper conditions. As a result, the product becomes damaged before being sold to you and you suffer injuries due to this damage.
Thus, your Henderson personal injury attorney will file a product liability claim against the distributor or reseller (as applicable) for negligence.
2. Advise You on Joining a Class Action Lawsuit
In some cases, an entire batch of products is defective or a specific product has a design fault propagating to all manufactured units. As a result, many people across the state of Nevada and the rest of the US suffer injuries while using these products. In this case, the injured parties file a class action lawsuit. This is a legal action brought by one plaintiff on behalf of many others.
There are several advantages in joining a class lawsuit, including the fact that you have higher chances of getting the maximum compensation paid by the defendant. If you start your own lawsuit at a later date, a defendant who has already paid compensations to other injured persons may not have sufficient assets left to satisfy your demands.
3. Take Care of All the Paperwork While You Are Recovering
Defective products can cause severe injuries, which require spending a lot of time in hospital. As any Henderson personal injury attorney can tell you, winning a claim means filling in various forms and submitting documents within specific deadlines. For many injured persons, this is simply impossible from a hospital bed.
However, once you have hired a product liability attorney in Henderson, they become your official representative, having full powers to do things and file documents on your behalf.
Just Because You Are Right Does Not Mean You Will Win Your Case Easily
There is also one more reason why you should consider hiring a Henderson personal injury attorney. Insurance companies are not keen on paying the compensatory amount. They are for profit businesses and they want to maximize their profits at your detriment.
Despite the fact that you have the law on your side, insurance adjusters will try to find reasons to reduce your claim amount. An experienced attorney can justify every dollar and cent included in the letter of demand, including the non-economic damages for pain and suffering.
Let an Experienced Product Liability Law Firm Win Your Case!
We founded Christian Morris Trial Attorneys law firm so that every person in Las Vegas can benefit from professional legal representation. We have 30 years of combined experience working for insurance companies, so we know exactly how to counter their tactics and win your case.
We work on a contingency fee basis, so you do not have to pay any upfront fees. Call us now to schedule a free case review: (702) 434-8282!