Las Vegas Product Liability Lawyer

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.

Types of Defective Products

When it comes to product liability, there will essentially be three kinds of product liability claims. These include:

Design Defects — A defectively designed product will be unsafe for all potential users, so these can be very serious claims. In these cases, a person will argue that a product was unsafe because of some inherent flaw with the product’s design. The standard for a defective design is that there was a better design available at the time of manufacture, and a product is unreasonably dangerous because of its faulty design.
Manufacturing Defects — A manufacturing defect usually relates to one single product being defective, so the case is not as likely to lead to a class-action lawsuit as design defect claims. It is possible that multiple products could be defective in a manufacturing defect case, but there is generally some error in the manufacturing process that makes a product defective.
Failure to Warn — Most consumer products should contain instructions on the proper use of products, and the instructions should specifically note possible dangerous uses. If a person suffers injuries because they were attempting to use a product, but it ended up causing them harm, the person may have a claim based on the manufacturer’s failure to warn.

When it comes to the kinds of products most often involved in defective products cases, some of the most common examples include:

Alcoholic beverages
Apparel
Asbestos
Automobile parts
Baby gates and cribs
Batteries
Chemicals and cleaning products
Children’s products
Contaminated food
Cosmetics
Dangerous drugs
Defective products in the workplace
Elevators
Exercise equipment
Firearms
Furniture
Household appliances
Household electronics
Industrial equipment and machinery
Kitchen appliances
Lawnmowers and yard equipment
Medical devices
Over-the-counter (OTC) drugs
Pharmaceutical products
Power tools
Pressure cookers
Recreational products
Small appliances
Smoke detectors
Space heaters
Tobacco
Washers and dryers

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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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Common Types of Defective Product Injuries

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:

Lacerations
Fractures or broken bones
Concussions
Crush injuries
Closed head injuries
Back injuries
Knee injuries
Leg injuries
Neck injuries
Arm injuries
Internal injuries
Skull fractures
Traumatic brain injuries (TBIs)
Spinal cord injuries
Permanent nerve injuries
Amputations
Paralysis
Severe burn injuries
Wrongful death

Possible Damages in a Defective Products Case

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:

Medical treatment costs
Ambulance transportation costs
Hospitalization costs
Nursing care costs
Follow-up medical care costs
Property damage
Medication costs
Lost wages

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:

Loss of bodily functions
Mental trauma (depression, anxiety, flashbacks)
Emotional distress
Permanent disability
Physical pain
Disfigurement
Emotional anguish
Loss of enjoyment of life
Pain and suffering
Reputation and humiliation damages

In a wrongful death case, additional damages could include:

Reasonable funeral and burial expenses
Medical expenses resulting from a deceased person’s final injury
Lost wages and benefits a deceased person would have been able to earn if they had lived
Loss of companionship, comfort, care, and affection of the deceased person
Survivors’ grief or sorrow
Pain, suffering, or disfigurement the deceased experienced before death

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.

Contact Our Las Vegas Product Liability Lawyers Today

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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Let me say what a long four year road this has been for myself and my family. After many failed attempts at finding a adequate lawyer, we found Ben through a great friend. After hearing what we ( I ) had been through over the past years, Ben took the reigns and new what he had to do. I was worried at first having had much bad luck in the past. Ben finally gained my trust. I can not begin to express how much this man cares and does have all his clients best...

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Almost immediately upon meeting Ben we knew he was “our guy”. As we got to know him his friendly and compassionate demeanor is the real deal. Do not let that fool you either because Ben is like a “lion” protecting his brood when it came to working for my case. He is knowledgeable, professional and will work and work to get you what your case deserves. His persistence paid off and he was able to recover my full policy amount for cove...

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From my initial meeting with Benjamin Cloward I was impressed. My case had an added factor, as it occured out of state. His questions with regard to the facts of the accident were things I had never considered. I was very little help with the case as I had, and still have no memory of the accident (head trauma). Ben and his team navigated through the complexities of the case, acquiring all the information they could from out of state sources. When I called...

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Answers to your most commonly asked questions

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:

Seek medical attention — Any person harmed by a defective product must go to a hospital for proper treatment of their injuries. This is true even for people who do not think they were hurt, as several injuries can involve delayed symptoms, and you should never risk seeing a doctor several days or weeks after an incident because an insurance company will likely claim that your injuries were not connected to the product. Obtaining medical attention will create an important medical record that will often be relied on throughout your personal injury case.
Preserve the product — Do not throw the defective product away. Store it in a safe location where it will not be able to harm anybody else. If you have the original packaging, receipt, or instructions, try to save all of that too.
Preserve evidence — Take multiple photographs or videos of your entire accident scene, and try to get pictures from different angles and distances. No attorney will ever tell you that you took too many pictures.
Stay off social media — Many people who are harmed by defective products will want to tell their friends and family about their experience, but sharing anything on social media can be risky because insurance companies are certain to examine these profiles when investigating a claim. Certain inadvertent admissions on social media may be used against people to reduce the value of their cases.
Call a lawyer — A person should hire a product liability attorney as soon as possible. While the Nevada statute of limitations (time limit) is two years for most injury claims, people need to remember that evidence in a product liability case can be time-sensitive. You need to be sure that you are giving a lawyer adequate time to investigate your case before they are willing to handle it.

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.

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Types of Defective Products