Dangerous Products
Any product could fail to work properly and end up harming people:
- Furniture. Bookcases, entertainment systems, and tables can tip over and land on a child, crushing them. A baby might also choke in a defective crib.
- Clothing. Defective clothing can catch on fire for failing to meet federal standards. Children’s clothing can lead to choking when a child bites off a button.
- Toys. Hundreds of children are injured each year by toys, often because small pieces break off, which the child swallows.
- Electronic devices. Malfunctioning electronic devices can burn or electrocute a user. Computers, cell phones, and tablets are popular devices that malfunction all the time.
- Lithium batteries. These batteries can catch on fire and burn a person or even destroy their home.
- Kitchen appliances. When appliances fail, they can cut, stab, or burn users.
- Bicycles and ATVs. These vehicles are often recalled because of some defect that the manufacturer becomes aware of.
Why Products Fail
Most manufacturers put products under rigorous testing. Research and development budgets for big companies run in the billions of dollars. Unfortunately, thousands of products end up being recalled by the manufacturer each year, and more hurt people without any recall at all.
Often, products are dangerous because of the following:
- Design defect. A product might be designed improperly. Often, to distinguish their products, manufacturers try to introduce innovative designs, but these designs could make the product more dangerous. Imagine if a child’s highchair is designed so that the legs are too far apart. The chair will be inherently unstable for that reason and likely tip over.
- Manufacturing defect. The design might be fine, but the way the product was put together or manufactured has led to the defect. The materials could be of poor quality, or the product was assembled improperly.
- Marketing defect. The product might have insufficient instructions for how to put a product together. For example, a car seat should have clear instructions that facilitate the proper installation. When instructions or warnings are missing, then consumers are injured.
What to Share with Your Lawyer
If possible, try to keep the product and its packaging for your attorney’s inspection. Many victims have an easier time winning these cases when they can pinpoint the precise defect in the product. For this reason, don’t throw away the product, even if it was severely damaged by fire.
Also share medical information about your injuries, including your team’s prognosis. Serious injuries that require medical care deserve compensation.
Theories of Liability
A major task for your lawyer is to determine which legal theory to use when bringing a case. There are different theories of liability:
Breach of Warranty
A warranty is a guarantee a product will work as intended. Most products come with either express or implied warranties or both. If the product doesn’t work as warranted, then a buyer may sue for compensation.
Strict Liability
Nevada has a strict liability law for products liability. This means you don’t have to show the manufacturer was negligent in how they designed or marketed the product. It’s enough that the product has a defect, and the item injured you.
Even non-buyers have a right to bring a strict liability claim for a defective product. For example, you could be walking down the street when someone on a defective bicycle crashes into you because the brakes failed. You did not buy the bicycle, but you can still bring a claim against the manufacturer for a foreseeable injury.
Negligence
We might bring a negligence action against a manufacturer, distributor, or even a seller. Negligence requires showing the defendant did not act in a reasonably careful manner. With a manufacturer, this might mean they subbed in lower-quality materials which made a product much weaker than expected. A seller might have damaged the product themselves before selling it or delivering it to the consumer. With negligence, a defendant can defend by claiming they used reasonable care.
How Much is Your Claim Worth?
Defective products injure millions of people, but their injuries vary. Some suffer only minor bruises, while others are sidelined with life-threatening injuries. Nonetheless, if a product caused damages, you can seek financial compensation from the defendant for:
- Surgery and other emergency medical care;
- Prescription medication and pain meds;
- Physical and occupational therapy;
- Doctor’s visits;
- Property damage, including fire damage to your home or vehicle;
- Lost income or wages;
- Diminished earning capacity if your injuries will prevent a return to your old job;
- Pain and suffering;
- Disfigurement or disability.
Depending on the facts, we might also pursue punitive damages to punish the defendant. These are appropriate where a manufacturer deliberately cuts corners and compromises public safety. A company might know that the product is dangerous but refuse to recall it due to greed.
Deadlines for Filing a Lawsuit
The Nevada statute for limitations in a product liability case is usually four years. That is the most time you get to file a lawsuit against the defendant. Many factors will impact the deadline in your case, so it is best to reach out to a law firm as soon as you can after an injury.
Speak with Our Vegas Product Liability Attorney
Dangerous products send thousands of Nevadans to the hospital each month. Once your condition is stabilized, please reach out to our office to schedule a consultation. We can review what remains of the product and discuss what possible compensation you might receive. Call us today at (702) 970-4222.
