Month: April 2019

Defective Product Claims In Nevada

Products liability law is an area of Personal Injury Law which is used to provide compensation for a consumer was injured because a product was defectively designed, manufactured or marketed. Design defects are inherent in a defective product. This means that the flaw existed even before the manufacturer made the product. A manufacturing defect happens when the product is being made. A marketing defect concerns product labels and instructions which fail to warn consumers about product dangers. A Nevada product defect lawsuit can sometimes be brought against any business in the “chain of commerce” of the defective product. This can include the wholesaler, retailer, distributor and manufacturer.

Products Liability is often a strict liability claim. This means that the defendant can be held liable upon proof that the product is defective and the defect caused injury. Nevada Products Liability Law is based on Tort Law principles derived from common law. Also, since Nevada has adopted the Uniform Commercial Code (UCC), Nevada consumers who were injured by defective products can make additional claims based on the express and implied warranties of merchantibility in the sales of goods under the UCC. Many familiar products can cause serious injury, disfigurement, impairment and sometimes death. Some of the familiar common defective product lawsuits have involved exploding gas tanks, tire blowouts, SUV rollovers, defective medical devices and drug side effects.

Nevada products liability law protects Nevada consumers from products which are or can be dangerous. Here are some rules from Nevada cases which may apply in a Nevada defective product claim: When an injury occurs because of a defective product, the manufacturer and the distributor of the defective product are held responsible instead of the injured consumer. Under a strict tort liability theory in Nevada, in order to prove liability, a person must show that the injury was caused by a product defect, and that the defect existed when the product left the defendant’s hands. With respect to the term “defect” as used in products liability law, the definitions share the common premise that those products are defective which are dangerous when they do not perform in the manner reasonably to be expected in light of their intended function and nature. The failure to give proper warning, renders a product defective. A manufacturer cannot be relieved of its responsibility to assure that an unsafe product is dispensed with a proper warning.

If a defective product has caused you pain and suffering, you may have the legal right to recover money damages for medical expenses, pain and suffering, lost wages and sometimes punitive damages. You can get free legal advice on Products Liability and any other person injury matter in an initial consultation with David Matheny, Esq. of the law firm of Dempsey, Roberts & Smith, Ltd. Our office is located in Las Vegas, and we provide legal services for personal injury claims throughout Nevada.