What is Product Liability?
Product liability is that area of the law dealing with injuries caused by unsafe or defective products. A person can suffer an injury from a product from misuse, inattention or some other user-based cause, but when the injury is the result a defect with the product, which renders it unreasonably dangerous, then the manufacturer or seller of the product can be held liable for the injuries caused.
Any product can give rise to a products liability claim. Defective products can be found anywhere, including at home and in the workplace, and can include:
- Child car seats
- High chairs
- Factory equipment
- Medical devices
If use of a product carries a known risk, such as a side effect in the case of a drug or a unguarded pinch point on a piece of industrial machinery, the product must be accompanied by warnings informing the user of the risk. If warning is not given and the risk causes injury, the manufacturer can be held liable for its failure to warn.
Accidents involving products are often complex, and it can sometimes be difficult to determine the cause of the accident. People who have been injured are usually not in a position to conduct the investigation and fact finding necessary to properly evaluate a potential product liability claim. Additionally, product manufacturers are usually reluctant to admit their products are unsafe, and they usually employ attorneys to support their position.
A Nevada product liability attorney can help injured parties by conducting an investigation of the accident, representing his or her client’s interests in dealing with the manufacturer or insurance company, gathering necessary documents, and advocating in court if necessary.
Most product liability attorneys will not charge a fee unless a recovery is made on their client’s behalf, and they will not charge for their investigation in helping an injured party determine whether they have a case.
How a Nevada Product Liability Attorney Can Help
People who are injured by a defective product may be entitled to compensation for damages, including:
- Medical expenses
- The permanency of the injury
- Pain, suffering, and mental anguish
- Loss of income or ability to work
If a defective product kills a person, family members may be entitled to compensation for the wrongful death of their loved one, including:
- Conscious pain and suffering of a loved one prior to death
- Pain, suffering, and mental anguish from the loss of a loved one
- Funeral expenses
A Nevada product liability attorney can help injured parties or the families of those killed evaluate their rights and remedies.