What Does Product Liability Mean?

When manufacturers create a product, they have a certain responsibility to the consumer for injuries due to defects. This also holds true for distributors and sellers. This is product liability or defective product law. If a product causes an injury and is found to be unsafe, the individual can file a product liability lawsuit against those involved. However, not just any injury from a product can become a product liability lawsuit.

If the consumer was using a product as intended, but they are injured by a defect, they may have a product liability case. Defects can be due to design, where many products are impacted, through manufacturing, where only a few products were impacted, and through failure to warn or poor labeling. If you have experienced an injury from a defect, reach out to our Henderson personal injury lawyers right away to get started on your case.

At Benson & Bingham, we care about our community and work hard to make sure our clients don’t have to face financial burdens after a defective product injury. We have represented many clients over the years and their 5 star reviews are a testament to our dedication. We have been in the business for decades and as a small firm, want to support you with personalized and affordable legal representation during this difficult time.

Understanding Product Liability Law In Henderson

Establishing Fault In A Defective Product Case

In Nevada, you do not have to establish that there was negligence in creating a product. You simply have to prove that the product was defective and that the defect caused your injury. To do this, you will need evidence including expert analysis, medical reports, photos, videos, purchase receipts, and more. Also, be sure to retain the product and don’t dispose of it if possible. Your lawyer can help you in gathering what’s necessary to ensure a favorable outcome.

How Long Do You Have to File a Product Liability Claim in Nevada?

The statute of limitations is 2 years in Nevada. This means that you will have 2 years from the date of the accident to file a lawsuit. However, if a product is over 10 years old, it is barred from being sued, even if you just got injured. Sometimes symptoms of an injury can present itself much later than when the accident happened, in this case check with a lawyer to see if you’re still eligible for a lawsuit.

Types Of Damages You Can Pursue In A Product Liability Case

When you’re injured by a defective product, there are several damages that your lawyer can help you recover. Your injury likely means you have large medical bills, you lost income during the time you couldn’t work, you suffered property damage, and more. In some cases, you suffer physical pain, discomfort, mental anxiety, PTSD, loss of enjoyment of life, and more from an injury. All of these are damages that you can claim in your product liability case.

How Our Product Liability Attorneys Can Assist You

After an injury from a defective product, you might be facing big manufacturers with powerful sway. Not only that, but product liability law can be complex. At Benson & Bingham we have years of experience and are committed to fighting aggressively for your rights. Through thorough investigation and a strong legal strategy, you can trust that we are the right lawyers for you.

Determining Who Is Liable For Product-Related Injuries

There are a few different parties that could be liable in product-related injuries. Manufacturers are most often the responsible party as they are the designers, assemblers, and creators. However, wholesalers or distributors can also be held accountable. This is especially true if they did not store a product properly or if they altered it. Retailers, sellers, third-party installers, and marketers are also among the possible liable parties.

Legal Costs Involved In Pursuing A Product Liability Case

There are several different things you should take into account when determining how much you will be paying to pursue a product liability case. These include lawyer fees, expert witness fees, investigation costs to hire experts, filing fees, deposition costs, subpoena costs, and more; however, Benson & Bingham works on a contingency basis so no costs are incurred up front by our clients. These fees are deducted only if a settlement or verdict is obtained.

After a successful design process, a product will go through manufacturing where it will be assembled and created. A manufacturing defect happens during this process. It typically only affects a handful of items until the issue is remedied. To determine if a product defect is from manufacturing, you can ask “did something go wrong during the making of this product?”

In cases where there was a defect in the design of a product, a product can be manufactured correctly, but still be inherently safe. An example might be a power tool designed without a safety guard. The tool was made correctly, but safety was an issue in the design. This defect will affect the entire batch of products. The question one can ask is “was the product unreasonably dangerous before it was even made?”

When a product is designed and manufactured correctly, it can still have a marketing defect that could cause an injury. This means that the label had inadequate instructions, the label missed important safety warnings, or there were misleading statements made about safety or how to use the product. The question is, “was I properly informed about how to safely use the product?”

A breach of warranty defect happens when a seller or manufacturer makes promises about a product that turn out to be false. The promises can be verbal, written, or through advertising. An example might be if a car dealer promises a car can pull a certain amount of weight. When the consumer goes to pull something within that weight, the car fails and results in an injury or property damage.

Joseph L. Benson II, Esq.

A drunk driver critically injured my brother in high school, and that experience helped me want to help others. The law is unique and often not clear cut–many times the facts fall in the gray area—so it takes a creative mind to find solutions and a liability hook to make a case valuable. Turning a case that looked like a loser into a winning one is the best. Learn More About Joseph L. Benson II, Esq.

Ben Bingham, Esq.

My journey in the practice of law is a story of a childhood dream realized through dedication, hard work, and an unwavering belief in the power of justice. It’s a narrative about turning aspirations into achievements and highlights the impact one can have when they’re driven by passion and guided by integrity. Learn More About Ben J. Bingham, Esq.

Product’s Liability Loss Of Eye

Defective Product in an Auto Injury Case

Exploding Products & Associated Risks

Exploding products are some of the most dangerous types of product liability cases, causing serious injuries. They are also among the most litigated defective product cases. Exploding products tend to be pressurized, contain flammable materials, or are electrical/battery powered. If you are injured by an exploding product, you will have to prove that the product was defective, the defect existed before you bought it, and that the defect caused your injury. Our lawyers know what kind of evidence is most helpful in these cases and can help you build your claim.

The manufacturer of the explosive product might argue that you misused it, you ignored warning labels, and more. It is important to take photos and videos of the accident that caused the injury. Keep your packaging, receipts, and instructions. These can all be used as evidence later. You will have two years from the date of the injury to file a claim, but our lawyers recommend you file a claim as soon as possible for the best chance at success. Contact us today for a consultation!

Issues With Defective Product Design & Manufacturing

When you are filing a product liability claim, there are two main reasons products are defective: defective designs and manufacturing defects. Defective designs can be easier to prove since every product of that design will be defective. Manufacturing defects mean that the design was correct, but the process caused a flaw or mistake. In this case one or a batch of products will be defective. At Benson & Bingham, we have extensive experience working with defective products of both kinds and are ready to help you.

Claims Based On Failure To Warn & Poor Labeling

Another reason a client may create a product liability claim is due to no warnings on the product or poor labeling. These types of claims do not involve a defect, but rather missing or incomplete information. If you are injured by a product that you believe was missing warnings or had poor labeling, take pictures and keep everything associated with the product as evidence for your claim.

A failure to warn or poor labeling defect means that a product was inherently dangerous, but there was nothing to indicate this on the label, instructions, or package. The warnings could be missing altogether or be there, just incomplete. It could also happen in the instructions if they don’t explain how to safely use the product. In other cases there are obvious side effects or other risks that are not disclosed.

Common examples of these product defects are medications that don’t warn of dangerous interactions with other common drugs. A cleaning product might miss proper burn warnings, a power tool might not have any safety guidance on wearing protective gear. A toy might be labeled safe for every age, but in fact contains choking hazards. Any of these situations and more are possible when using products so be sure to read the labels and instructions thoroughly before use.

If you’re involved in a failure to warn case, you will need to prove a few things. Your lawyer will help you do so. You will need to show that the product was unreasonably dangerous when used as it is supposed to be used, that the manufacturer failed to provide warnings about this danger, that your injury was a result of this product, and that you were using the product as intended. You do not need to prove that there was any negligence involved on the manufacturer’s part.

Now, even if you have some evidence proving your case, the manufacturer might come back with a defense. The company might argue that the risk was obvious or commonly known. They might argue that there were, in fact, adequate warnings, or that you misused the product. When this happens, your lawyer can be helpful in representing you and finding and presenting the evidence necessary for your claim.

If you have been injured by a product, remember to keep the packaging, product, and instructions. Take photos of all the labels and warnings. Get medical help immediately and keep all documentation you receive. This evidence along with expert opinions can significantly impact the outcome of your case. Your lawyer will work with you to understand what you can expect from your case and how to proceed.

Don’t wait to get help from a lawyer after a defective product injury. Your lawyer will make sure you meet the necessary deadlines, you are offered a reasonable settlement, they will negotiate with insurance if you are not offered a reasonable amount, and they can represent you in court. It is helpful to get a lawyer on your case right away to make sure every step you take propels you towards a successful outcome.

Proving Responsibility In Product Liability Cases

Proving who is responsible in a product liability case can be challenging. The main parties responsible are the manufacturer, the distributor, and the retailer. Proving who is responsible will depend on the type of defect that exists and other facts. There are three main types of defects: manufacturing, design, and failure to warn. Your lawyer can help you determine who might be responsible and can start the claim with you.

Proving who is responsible will depend on the evidence that you gather. You and your lawyer can work together to get expert testimony, medical records, photos or damage, prior recalls on the product, consumer complaints on the product, and more. You should make sure to keep the product itself, including all the broken parts. Keep the packaging, receipts, and instructions. With this information, you should be able to build a strong case against the responsible party.

Notable Legal Precedents in Nevada Product Liability Cases

Shoshone Coca-Cola Bottling Co. vs. Dolinski (1966)

Nevada adopted a strict liability law because of the Shoshone Coca-Cola Bottling Co. case. In this situation, a man found a dead mouse in a soda bottle. The court ruled that the bottling company should be held liable for the injuries caused by defects even if they were not caused by negligence. This case created the foundation for product liability law in Nevada.

Young’s Machine Co. vs. Long (1974)

In this case, Long was injured by a machine defect at work. The case was significant in Nevada because it led the Supreme Court to clarify that foreseeable misuse of a product is the responsibility of the manufacturer. It meant that even if the product was misused by the consumer as intended, if the misuse was foreseeable, the manufacturer would still be held responsible.

Ford Motor Co. Vs. Trejo (1997)

Ford Motor Co. Vs. Trejo emphasized the need for expert testimony and technical analysis in proving design defects. In this case, the plaintiff was injured because of a vehicle defect and the court wanted evidence that the vehicle’s design was unreasonably dangerous. From then on, the fact that the accident happened was not sufficient proof that there was a defect, but more proof was needed.

Calloway vs. City of Reno (2001)

A plaintiff sued for economic damages after equipment failure caused economic losses. The court determined that individuals cannot sue for this type of loss in product liability cases. These cases only apply to personal injury or property damage in Nevada. This means that if a case is to be successful, there must be proof that harm to health or property happened due to the defective product.

Consult Our Henderson Product Liability Lawyers Today

If you have been injured by a defective product, don’t wait to reach out to our lawyers today. With years of experience and a passion for justice, our lawyers are ready to make sure you get the compensation you deserve. Whether you need help filing your claim or need representation in court, we have you covered. Let us give you peace of mind as you navigate this difficult journey ahead of you.

In Nevada, you have 2 years from the date of the accident to file a claim. If you did not realize a product caused your injury, you have 2 years from the moment you had this realization to file your claim. However, Nevada has a statute of repose which means that if a product is 10 years old or older, you cannot file even if you just got hurt. Our lawyers recommend that you file the claim as soon as you can, though to ensure maximum compensation.

Yes! A product recall means that either the manufacturer or a government agency has deemed a product dangerous or defective. This means that if you are injured by the product, the recall can show that it had a known problem and the company knew about the problem or should have known. A recall cannot automatically give you a win, but it certainly can help. If you are injured by a recalled product, save the recall to support your case.

Injuries that result from defective products vary depending on the product. Exploding products can cause burns, malfunctioning machinery or tools could cause crush injuries or amputations, electric shock can happen from poorly insulated wiring, traumatic brian injuries can happen from collapsing products, faulty helmets, or failed vehicle components. These injuries and many more are examples of ones caused by defective products and could result in compensation.

The legal system handles multiple victims in product liability in a couple ways. You could take part in a class action lawsuit which typically works best for minor injuries. Class action lawsuits tend to resolve quickly, but the compensation is split between everyone involved. Mass tort lawsuits occur when there are more serious injuries. In this type of lawsuit, each person will file an individual lawsuit, but they will be grouped together for the one product. This type of multi-person lawsuit takes longer and is more complex, but tends to reach a better outcome for those involved.

First and foremost, you should get medical attention for your injuries. Not only does this care for you, but can help connect your injuries to the vehicle should you pursue a claim. If possible, keep the vehicle and any parts that were broken or defective. Do not repair anything until the car is inspected and used as proof in your case. From there, contact your insurance and get in touch with a lawyer to get started on your case.

Having a lawyer on your product liability claim can make a significant difference. These cases can be complex and complicated. Sometimes they are against powerful companies with strategic insurance companies and deep pockets. In any case, your lawyer will advocate for your rights, will ensure you have a strong defense, and will fight for the compensation you deserve. Contact Benson & Bingham today to get started!

Mass torts and class action lawsuits are ways the court handles multiple victims in product liability cases. Mass torts allow each individual to file a lawsuit for themselves and they will receive compensation for their individual injuries. Class action lawsuits group all the individuals together to make one big lawsuit. This tends to be used for smaller injuries since the compensation will be paid out in mass and split between the victims.

Henderson Product Liability Lawyer

What Does Product Liability Mean?

Understanding Product Liability Law In Henderson

Establishing Fault In A Defective Product Case

How Long Do You Have to File a Product Liability Claim in Nevada?

Types Of Damages You Can Pursue In A Product Liability Case

How Our Product Liability Attorneys Can Assist You

Determining Who Is Liable For Product-Related Injuries

Legal Costs Involved In Pursuing A Product Liability Case

Joseph L. Benson II, Esq.

Ben Bingham, Esq.

Exploding Products & Associated Risks

Issues With Defective Product Design & Manufacturing

Claims Based On Failure To Warn & Poor Labeling

Proving Responsibility In Product Liability Cases

Notable Legal Precedents in Nevada Product Liability Cases

Consult Our Henderson Product Liability Lawyers Today

What Is the Time Limit for Filing a Product Liability Claim in Nevada?

Does a Product Recall Strengthen My Product Liability Case?

What Types of Injuries Can Result from Using a Defective Product?

How Are Multiple Victims Handled in a Product Liability Lawsuit?

What Should You Do If a Defective Vehicle Causes an Accident?

Why Hiring an Experienced Lawyer is Crucial for Your Product Liability Claim

What Are Mass Torts and Class Action Lawsuits in Product Liability Cases?

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