As consumers, we invest in products hoping they would make our lives easier or more pleasant. We trust them to be safe, but a small defect can easily turn them into a hazard. Quite a few Henderson residents have experienced this cruel reality by themselves. Some of them ended up defending their rights with a Nettles & Morris product liability attorney on their side.
Indeed, Nevada laws protect consumers against defective products. Unfortunately, many consumers have no idea what their rights are or how to defend them. That is where a product liability lawyer can help.
They can explain Nevada laws to their client and help the latter understand their situation. At Nettles & Morris, we do this during the free consultation we offer to our clients. We will review the applicable laws and basic legal principles in the following lines.
Nevada Laws through the Eyes of a Henderson Product Liability Lawyer
Nevada Revised Statutes Section 695E.090 defines product liability as responsibility for damages caused by defective products. These damages can be:
- Property damages: any assets lost or damaged due to the defective product
- Loss of use of property: the value of the defective product and the benefits it would have brought to the claimant.
- Injuries and related economic damages: medical expenses, rehabilitation care and therapy, lost income, lost earning capacity, etc.
- Death and related economic damages: funeral costs, losses the family and the deceased’s estate incur
- Emotional harm: pain and suffering, disfigurement, loss of consortium, loss of enjoyment, etc.
Under the above law section, product defects may be the result of flawed:
- Lease or sale
It does not include the liability of the person in possession of the product when the damages occurred.
Of course, these are just general principles, difficult to apply to a particular product. That is why it helps to consult a Henderson product liability attorney. The latter will explain all these through examples. We will do the same in the following lines.
Let us take a home appliance as the defective product and John as its user. John plugs the appliance in and it blows up. The entire room burns down and John suffers severe injuries. To treat his injuries, he needs to miss work for three months and undergo reconstructive surgery. He is still left with unsightly scars.
The police discover the fire started from the appliance. John suspects it was defective since the only thing he did was plug it is. Under Nevada laws, John can seek compensation for his losses. The compensation should cover the damage to the room and the price of the defective appliance. John’s medical expenses and lost income are compensable as well.
It should also cover the pain and suffering John experiences through due to the unsightly scars. If he needs therapy to cope with his new condition, the compensation should cover that as well. It may also cover the pain John experiences if his wife leaves him because she cannot accept his new look.
But this is just theory. As any Henderson product liability attorney knows, theory rarely meets practice. In practice, John will only receive compensation if he manages to identify the party liable for the product defect. The information by itself is useless. John will need concrete evidence. He and anyone trying to obtain compensation for product liability-related damages will need to prove that:
The product was defective –
This could be obvious from the report of the fire department. If it is not, a technical expertise could prove it. An experienced product liability attorney will conduct further investigations on the product line. They could show that the entire line was defective, and use cases filed by other victims to set a precedent.
The defendant is responsible for the defect –
The defendant is the party from whom product liability victims can claim compensation. They could be the designer, manufacturer, packaging company, marketer, distributor, etc., or their insurer.
The product was only used according to instructions and for the purpose it was designed to serve –
Almost all defendants will try to defend themselves by blaming the claimant for their injuries. They will argue that the claimant did not follow instructions or used the product for other purposes. An experienced Henderson product liability attorney will prepare for such allegations and dismiss them from the start.
The product’s defect caused the damages and injuries subject to the compensation claim –
Again, the report of the fire department team could serve the purpose. If not, further investigations, technical reports, and expert testimonies may be necessary. A product liability lawyer in Henderson will know exactly where to look for evidence.
The damages and injuries incurred justify the value of the claimed compensation –
Product liability compensation claims can reach huge amounts. However, few people realize the amount of work that goes into justifying those amounts. No court or private company will pay hundreds of thousands or millions of dollars just because the claimant asks. Every cent in the compensation claim needs supporting evidence. Common examples include asset evaluations, hospital bills, invoices, receipts, and income statements. These are usually easy to obtain and add up. Non-economic damages, like scarring, disfigurement, emotional pay and loss of consortium are not. Proving them takes psychiatric evaluations, witnesses, drug leaflets, and much more. It is a job for an experienced product liability attorney in Henderson.
But household appliances are not the only products that may prove defective. Sure, they account for more than 150,000 visits to the emergency room every year. Their design or manufacturing flaws cause fires, burns, electrocutions, and even death. But products from many other categories can prove defective. At Nettles & Morris, we have encountered many different cases. We will review the most common ones in the following lines.
Examples of Cases a Product Liability Attorney Might Handle
The Consumer Product Safety Commission (CPSC) reports over two million annual injuries. Common defect causes are poor construction techniques and the use of cheap, unreliable materials. When a piece of furniture breaks down and produces damages or injuries, the party responsible should answer. They could be the designer, the manufacturer, or the person who assembled the piece.
Automotive parts –
Faulty airbags, defective steering, and ineffective braking system make victims all the time. Unreliable autopilot systems, defective fuel lines, and faulty tires are common as well. Their defects could be traced back to the designer, manufacturer, or the automotive company using them. Distributors sometimes send the wrong parts, and repair shops make mistakes as well.
Power tools –
More than 900,000 annual injuries can be traced back to power tools, according to the CPSC. Designed to cut through dense materials, they can cause life-threatening injuries. Common examples include lacerated tendons and ligaments, puncture wounds, amputations, eye injuries, or electrocutions.
More than 250,000 U.S. children fall victim to defective toys every year. Their injuries range from bruises to lacerations, bone fractures, burns, and puncture wounds. Strangulation, suffocation, and intoxication with dangerous substances are common as well.
Medical devices –
They are supposed to help users, but they often fail. The FDA recalled hundreds of products. Among medical devices with proven defects, IVC filters, pacemakers, prosthetic devices, implants, and meshes are quite common.
The pharmaceutical industry has seen unbelievable growth throughout the last decade. New drugs were launched, not all of them entirely safe. Moreover, specialists continue to find fault in old drugs as well. Every year, the FDA issues more than 200 drug recalls.
Food products are often contaminated with listeria, E.coli, salmonella, and other disease-bearing microorganisms. They too qualify as defective products and are subject to the same product liability laws.
They are supposed to protect passengers, but they often fail. When defective, they can cause serious injuries. They deploy at dangerously high speed or release harmful chemicals. The results are burns, bruises, and allergic reactions in the very passengers they were designed to protect.
Child safety restraints
Nevada law require children younger than six years old and lighter than 60lbs to wear a safety restraint. In their attempt to produce affordable, comfortable, and attractive restraints, manufacturers often neglect protection. Faulty restraints can be a threat to the child’s safety.
The list could continue. However, the above examples should make it obvious that any product may prove defective. When it happens, and their defect leads to injuries and property damage, consumers should take action.
On one hand, they should fight to recover their losses. On the other hand, they can teach the liable party a lesson and raise awareness on the defective product. The process may be complicated for someone with no legal knowledge and experience. However, it is part of the job for a product liability attorney in Henderson.
At Nettles & Morris, we deal with people who incurred losses due to a product they bought all the time. To our disappointment, many do not even attempt to recover their losses due to the long and tiresome process. Others try to do everything on their own and fail. They get caught between formalities they are not familiar with and everyday responsibilities.
We believe this would not happen if people knew from the beginning what to expect and how to act. That is why we have resumed everything in a few simple tips anyone can follow.
A Product Liability Lawyer’s Advise for a Loss Due to a Defective Product
1. Call 911 or get a complete medical exam.
Any injuries related to defective products should receive a proper diagnosis. Documenting their occurrence and severity and receiving adequate treatment should be a priority for any victim. All test results and medical reports should be stored safely.
2. Gather evidence to prove the product defect
Victims should take photos and videos of the product and of the damages it caused. They should store the defective product or what is left of it, and any packaging, labels, or accessories. An inventory of the damages it caused and their value will come in handy later. So will a list of witnesses who can testify to how the defect.
3. Get in touch with a product liability attorney in Henderson as soon as possible
Working with a product liability lawyer is an option, not an obligation. However, the experience, skills, and resources of the latter could make the difference between winning and losing. Depending on who is responsible for the defect, obtaining compensation could take a court trial or private negotiations.
These involve different formalities but require solid evidence. For someone recovering after severe injuries and with no knowledge in the field, it would all be a lost battle. They would be dealing with versed lawyers and negotiators. These will do everything in their power to help their client to avoid paying.
The best case scenario is that the victims will receive a settlement offer for a derisory amount to give up their claim. An experienced Henderson product liability attorney will not accept anything of the kind. They will gather conclusive evidence, organize it thoroughly, and follow all formalities.
They will prove to the defendant that they have to alternative but to pay. And they will not accept just any offer. They will fight and negotiate until they obtain the compensation their client deserves. At least this is how we handle cases and Nettles & Morris, and our clients are always happy with the outcome.
Discuss Your Case with a Nettles & Morris Product Liability Lawyer in Henderson, NV
Did you incur injuries and property damage due to a defective product? At Nettles & Morris, we can help you obtain compensation for your losses. Nevada laws give you up to four years to claim the compensation. If you let us, we can put the money in your hands much faster.
To receive more information on how we do that or specific advice according to your case, schedule a consultation! Call (702) 710-9964 or fill in the contact form on our website! You will receive the information and advice you need from a skilled and dedicated Henderson product liability attorney!