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The United States Consumer Product Safety Commission (CPSC) states that manufacturers, importers, distributors, and/or retailers of consumer products have a legal obligation to immediately report to the CPSC any defective product that could create a substantial risk of injury to consumers. This includes products that create an unreasonable risk of serious injury or death, and any product that fails to comply with an applicable consumer product safety rule. The National Safety Council (NSC) reports that there were 11,738,091 consumer product injuries in a recent year, which was an increase over prior years.
While certain types of product defects might not cause anything more than a minor inconvenience, there are other situations in which defective products can be responsible for serious accidents that lead to catastrophic injuries.
Product liability cases are rarely easy, as many companies responsible for manufacturing products will often claim that an injured person themselves is to blame for their accident. Anyone injured will need to be sure they are working with an experienced Las Vegas product liability lawyer.
When it comes to product liability, there will essentially be three kinds of product liability claims. These include:
When it comes to the kinds of products most often involved in defective products cases, some of the most common examples include:
If you have been injured in a car accident, slip and fall, or any other accident, you need the services of a dedicated Las Vegas personal injury law firm to ensure that your rights are protected.
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Defective products are capable of causing a wide range of possible injuries depending on the type of product involved. Certain products are capable of harming more than just one person, and some people could suffer injuries that are severe enough to require extensive medical attention.
Possible injuries in a defective product case could include, but are not limited to:
People who suffer injuries because of defective products could be entitled to financial compensation, known as damages. Compensatory damages have the intention to restore a person to their original condition or as close thereto, and damages usually come in two kinds: economic damages and noneconomic damages.
Economic damages refer to actual costs that people can calculate and prove in court. Common kinds of economic damages include:
Noneconomic damages will be far more subjective and typically do not have inherent financial values. Some of the more frequent types of noneconomic damages include:
In a wrongful death case, additional damages could include:
Punitive damages or exemplary damages are a far less common kind of award. Such damages are limited under NRS § 42.005 to cases involving oppression, fraud, or malice by an offender in these cases.
Fraud is defined as the intentional misrepresentation, deception, or concealment of a material fact known to a person and made with the intent to deprive another of their rights or property or otherwise injure them. Malice is conduct intended to injure a person or despicable conduct that is engaged in with a conscious disregard for the rights or safety of others.
Oppression is despicable conduct subjecting a person to cruel and unjust hardship with conscious disregard for their rights. Conscious disregard means the knowledge of the probable harmful consequences of a wrongful act and a willful and deliberate failure to act to avoid those consequences.
Under NRS § 42.005, punitive damages cannot be more than three times the amount of compensatory damages awarded to a person if the amount of compensatory damages is $100,000 or more, or $300,000 when the amount of compensatory damages awarded to a person is less than $100,000. There will be no limit on punitive damages when a case involves either a manufacturer, distributor, or seller of a defective product, though.
Did you suffer serious injuries, or was your loved one killed by a defective product in the Las Vegas area? You will want to be sure you are working with Cloward Trial Lawyers because we represent clients on a contingency fee basis, which means that you pay nothing to have us represent you, and we only get paid when we win or settle your case.
Our firm recovered $20 million in one wrongful death product settlement. Call (702) 605-5000 or contact our Las Vegas product liability attorneys online to set up a free consultation.
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At Cloward Trial Lawyers, we can address all of your legal questions and concerns and advocate for you every step of the way. What follows are the answers to some common questions that arise in the wake of your injury or the unfortunate death of a loved one.
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When a person suffers injuries in any kind of defective product accident, they may be able to pursue compensation from the negligent party responsible for the product. An insurance company representing a negligent company or another party often tries to immediately settle these cases by offering people lump-sum settlements, but you must understand that initial offers are typically lowball figures that are far less than what people are actually entitled to.
You will want to have an experienced Las Vegas product liability lawyer on your side because they will have a far better idea of what your case is worth and will then be able to work to help you recover as close as possible to that amount. Insurers often want to settle these cases instead of going to trial because trial costs can often be too much to bear for most insurance companies.
When settlement negotiations prove unproductive, a lawyer may have to file a lawsuit to compel the insurer to take them seriously. Trials are rare outcomes in most product liability cases, but there is the possibility that a case does make it this far.
If a product liability case goes all the way to trial, a person will have to prove that another party’s negligence relating to the product caused their accident and injuries. People will want to be certain they have legal counsel any time it appears a case will be headed to court.
If a person is harmed by a defective product, there are still going to be several important steps the person will need to take. You will want to make sure you do all of the following if you are ever harmed by a defective product:
This answer can vary, depending on the product. Manufacturers, distributors, wholesalers, suppliers, retailers, or assemblers can all be liable parties in these cases. An experienced product liability attorney can determine exactly which party is responsible for a person’s injuries and which kind of claim the person will be filing.
No. Nevada is what is known as a strict liability state when it comes to product liability, which means that a party is liable for committing an action, regardless of what its intent or mental state was when committing the action. In other words, negligence does not need to be proven in these cases.
Product age does not necessarily bar an action to a product liability lawsuit. An older product may not have to meet the same standards as modern products, but there will be questions about whether a product was properly designed and manufactured when it was created. If a product fails to meet the standards at the time of its creation, then a product liability action is still possible.