No one should have to risk their life and personal property to a defective product, which is why consumers are protected by strict liability laws. These laws state that no matter how careful a company was in their actions, the fact that they still produced a harmful product means they must take financial responsibility for the damages.
These type of product liability cases for defective products unfortunately happen all too often, and the consequences can be unexpectedly horrifying. For instance, defective batteries in popular e-cigarette and “vape” products have been exploding, even when not in use, causing third degree burns, permanent disfigurement and even comas.
Other defective product cases can run the gamut from auto parts, appliances, medical devices, chemical cleaners, lawn equipment and more. Permanent disability and death are not at all uncommon in this sector of consumer law, either. So, to protect consumers and inform them about their legal right to compensation in the event of a tragic defective product incident, here are the most important case factors they should be aware of.
What Are the Main Factors in a Las Vegas Defective Product Case?
When Nevada asks jurors to weigh their final decision during defective product strict liability cases, their instructions are actually quite simple:
“Although manufacturers are not insurers of their products, where injury is caused by a defective product, responsibility is placed upon the manufacturer and the distributor of the defective product rather than on the injured consumer.”
These instructions then go on to list three requirements to prove the case under strict liability rules:
- 1. The product had a defect that made it “unreasonably dangerous”
- 2. The defect existed at the time the product left the manufacturer or distributor/retailer
- 3. The defect directly caused an injury to the plaintiff
Since defects can include design flaws and failures to issue proper warnings, it helps to explore further how the law typically defines defective products in Nevada and elsewhere.
What Exactly Is a Defective Product?
Simply put, a defective product is any product that has caused significant injury or property damage when used as intended or reasonably expected by the manufacturer. Since this definition encompasses a broad range of case types, attorneys often specify within three categories:
- Defectively manufactured products — Any product created with a defect during manufacturing or that acquires a defect before being bought by a consumer, such as a child’s metal swing set kit sold with corroded support beams that snap and cause injury.
- Defectively designed products — Any product with a design likely to cause harm through reasonable use, such as when hoverboard products began catching fire or a lawnmower design with blades unusually close to the operator’s foot.
- Failure to issue proper warning — Any product that by virtue of its intended use can cause harm and fails to warn a customer who would not otherwise expect the risks, such as a cleaning solution that can cause dangerous vapors when it contacts an ammonia product.
Should any of these instances occur, the product manufacturer will typically face liability for them, which means they must pay for all damages should the case rule in the plaintiff’s favor.
Sometimes, the product manufacturer will attempt to deflect blame to a distributor or retailer for a product defect, which means the injury victim can potentially file a lawsuit against anyone who distributed the product in order to determine where fault actually lies.
Getting Compensation and Justice for a Defective Product Injury in Las Vegas
Clark County residents and everyone in the surrounding area deserve justice and repayment for any injuries and other damages they have suffered as a result of a defective product. To help increase their chances of success, they can look to a Las Vegas defective product attorney who finds evidence and builds case arguments needed to win.
If you or a loved one has been injured by a defective product, you can receive a free case evaluation right now by calling Eglet Prince at (702) 450-5400 or by filling out our short contact form to get your case started today.
