Unfortunately, product liability lawsuits involving faulty items are all too common, and the results can be shockingly terrible. For example, faulty batteries in well-known “vape” items and e-cigarettes have been exploding even when not being used, leading to third-degree burns, severe deformity, and even comas.
In Nevada, producers, distributors, and retailers must ensure that the goods they create and market are risk-free and free from flaws that can endanger consumers. You may be able to present a product liability claim to obtain damages for your losses if you suffer injuries as a result of an unsafe or faulty product. Browse this site to learn more about product liability in Las Vegas.
What are the key factors in a defective product case in Las Vegas?
In defective product strict responsibility trials, Nevada gives juries the following directions while weighing their verdict:
Even though manufacturers are not their products’ insurers, a defective product’s manufacturer and distributor are held accountable for the injuries it causes to a consumer. The following three conditions are listed in these guidelines as what must be proven to comply with strict liability laws:
- The item was “unfairly dangerous” due to a flaw.
- The flaw was present when the item left the producer, distributor, or retailer.
- The defect led the plaintiff to suffer a direct injury.
It is helpful to consider how defects might include design faults and fail to provide adequate warnings to understand how the law defines defective items in Nevada.
How do you identify a defective product?
A faulty product is any item that, when utilized as meant to or reasonably expected by the maker, has resulted in severe harm or property damage. Since this description covers an array of cases, lawyers frequently focus on one of three categories:
Defectively produced products
These include anything created with a flaw during production, or that developed a flaw before being purchased by a customer. For instance, a metal swing set kit for kids supplied with rusted support beams could break and injure the buyer.
Products with a flawed design
This is any product with a defective design that makes it dangerous to use, such as the hoverboards that started catching fire or the lawnmowers with blades that are unusually close to the user’s foot.
Failure to provide adequate notice
This is any product that, given its directed purpose, has the potential to injure a consumer and does not provide adequate warning to one who might not otherwise be aware of the hazards. For instance, a washing agent that can release potentially harmful vapors when it comes into contact with an ammonia product.
If any of these occurrences occur, the product maker will often be held accountable for them, requiring them to cover any losses should the plaintiff’s case be successful. When a product manufacturer tries to shift responsibility for a flaw onto a distributor or retailer, the accident victim can sue anyone who disseminated the goods. But they have to find out who is really to blame.
The bottom line
If a flawed product harmed you or a loved one, you can sue for compensation with the assistance of a defective product lawyer in Las Vegas.