- FREE INITIAL CONSULTATION
- SEE HABLE ESPAÑOL
- (702) 620-5000
If you’ve been injured by the wrongdoing of someone else, you may be entitled to payment for your medical expenses, the pain you had to go through, and the time you missed from work.
Have you or a loved one been injured by a defective product? If so, you may be entitled to compensation for your injuries, medical expenses, lost wages, and other damages by bringing a products liability claim.
A defective product is a product that is unreasonably dangerous. Defective products can be the result of design flaws, manufacturing defects, or inadequate warnings and instructions. Some common examples of defective products include:
A product may be deemed defective if it has a manufacturing defect, a design defect, or fails to have adequate warnings. These defects are explained below.
A manufacturing defect occurs when a product is made incorrectly or with substandard materials. Manufacturing defects can happen at any stage of the manufacturing process, from the assembly line to the packaging and shipping of the product. Examples of manufacturing defects include:
Manufacturing defects are typically the result of human error or negligence, and they can affect only a small portion of a product batch or the entire batch.
A design defect occurs when a product is designed in a way that makes it inherently dangerous. Examples of design defects include:
Design defects are usually the result of poor or inadequate planning, testing, or research during the design process.
A product can also be unreasonably dangerous if the manufacturer fails to provide adequate warnings or instructions for its safe use. This is known as a failure to warn. A failure to warn can occur if the manufacturer does not provide any warnings or instructions at all, or when the warnings or instructions are incomplete, inadequate, or not prominently displayed. Examples of products that may require warnings or instructions include:
To prove a failure to warn claim, the plaintiff must show that: (1) the product was dangerous in a way that was not obvious to the user; (2) the manufacturer knew or should have known of the danger; (3) the manufacturer failed to provide adequate warnings or instructions to protect users from the danger; and (4) the plaintiff’s injuries were caused by the failure to warn.
There are four ways to prove liability when you’re injured by a defective product in Nevada. These four ways are:
These four methods can be used to establish claims against the manufacturer, the distributor, and the seller of the defective product.
In Nevada, strict liability is a legal doctrine that can hold manufacturers, distributors, and sellers responsible for injuries caused by defective products, even if they were not negligent. A plaintiff need only prove that: (1) the product was defective; (2) when leaving the possession of the defendant; (3) the plaintiff used the product in a manner that was reasonably foreseeable by the defendant; and (4) the defect caused the plaintiff’s injuries. Strict liability is based on the idea that the manufacturer, distributor, and seller are in the best position to ensure the safety of their products.
Product liability claims can also be based on a breach of warranty. A warranty is a guarantee that a product will meet certain standards or perform in a certain way. There are two types of warranties that can give rise to a product liability claim:
To prove a breach of warranty, you must present evidence of the warranty and show how the product failed to meet those standards.
Manufacturers, distributors, and sellers can also be liable for defective products under a negligence theory. This occurs when the plaintiff proves that: (1) the manufacturer, distributor, and/or seller owed a duty of care to the plaintiff; (2) they breached that duty; (3) the breach caused injuries; and (4) the plaintiff suffered actual damages. This method of proving liability can be used to hold manufacturers, distributors, and sellers liable when they knew or should have known that a product was likely to cause injury.
Proving liability under an intentional misrepresentation or fraud theory requires proof that a defendant: (1) knew of a product’s defective condition at the time of sale or distribution; and (2) concealed (e.g., through misleading advertising) or ignored the defect.
If you or a loved one has been injured by a defective product, you may be entitled to several types of compensation, including:
Our experienced team is dedicated to helping individuals who have been harmed by defective products. We have the knowledge and resources to investigate and build a strong case on your behalf. We understand the devastating impact that a defective product can have on your life, and we are committed to helping you recover the compensation you deserve. Some of the ways we can help include:
If you or a loved one has been injured by a defective product, contact Roebuck Law Firm today for a free consultation. We are here to help you every step of the way.
English 
Spanish