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When a product enters the marketplace, you as a consumer can generally assume that the product is safe when used as expected. Unfortunately, some products still end up being dangerous due to poor design, a manufacturing defect, or simply because the company chose not to warn of a known danger.
If you were harmed by a faulty consumer good, a Las Vegas defective products lawyer can help. Our experienced attorneys at LVNV Legal | Injury Law Firm can review your case and determine if you have grounds for compensation.
Being injured while using a product is not always grounds for financial recovery. It is the responsibility of you and your local attorney to show that the product was defective due to another’s misconduct.
Nevada law recognizes four primary types of defective product lawsuits:
Different standards apply to each of these types of product liability suits. Fortunately, our team at LVNV Legal can provide reliable guidance on how to approach each of these situations.
Two types of breach of warranty claims exist under state law. The first is for a breach of express warranty, one that is explicitly stated or was put in writing, such as on the product.
The other is for breach of an implied warranty. This includes a warranty for a particular purpose or a warranty of merchantability.
Manufacturers are generally subject to strict liability for injuries caused by products that malfunction or injure, regardless of whether any negligence occurred. However, you must prove that the product was defective when it left the manufacturer’s possession, that it was used as intended, and that the defect directly caused you harm.
Other cases may involve intentional misrepresentations about the product or outright fraud. This commonly occurs when a defendant knew about the dangerous condition of a product, but chose to ignore or conceal it. This commonly occurs in dangerous drug cases, but can occur with any type of product in the market.
In cases where strict liability is not available, a negligence standard claim may be filed for products liability cases. This may be necessary if the cause of the injury had to do with another’s action in and through the chain of commerce, rather than the manufacturer itself.
State law generally requires that products liability lawsuits be filed within two-four years of the date the injury occurred, depending on the type of products liability claim(s) brought. Nevada Revised Statutes § 11.190 sets forth this filing deadline, which may change depending on the individual circumstances of the case. While two-four years may seem like a long time, it is still important that you contact our product liability lawyers in Las Vegas as soon as possible to strengthen your case.
State law provides different avenues to relief depending on your specific injuries and losses. A consultation with our skilled team at LVNV Legal can help you understand your rights and the compensation that may be available to you.
Schedule a consultation with a Las Vegas defective products lawyer to get started on your case.
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