Understanding Product Liability Claims
Every manufacturer has a duty of care to ensure their products meet applicable regulatory requirements, including proper instructions for use and safety indications, and contain no defects that could potentially harm users. When a defective product harms an end user, this can form the foundation of a product liability claim. There are three main types of product defects that can generate this type of case:
- Defective design means that all products sharing the design pose the same risk to end users. The manufacturer is usually required to issue a recall for all affected products and notify users who have not yet been harmed so as to limit the risk of injury from the product.
- Defective manufacturing means some error occurred during production or assembly of the product. For example, poor-quality raw materials used to produce a batch of the product in question could mean that the entire production lot poses a risk to end users. Defective manufacturing will typically affect a lot or group of lots, and manufacturers are required to identify at-risk products and issue recalls accordingly.
- Defective marketing or failure to warn of safety hazards can also lead to product liability claims. If a manufacturer fails to include safety warnings, instructions for use, or other required information with a product, or if they misrepresent a product in advertising, these issues can also generate product liability claims.
An experienced Las Vegas product liability attorney can help their client determine the nature of the product’s defect or unreasonably dangerous qualities and prove the product caused their client’s damages.
Some manufacturers will respond responsibly when they become aware of dangerous or defective products. Manufacturers often issue recalls for these products and will sometimes offer compensation or replacements, but it is important to carefully review any offers sent from a company regarding such issues. By accepting any type of out-of-court settlement or compensation, you could be giving up your right to pursue a legal claim, and you would miss out on a more substantial recovery. If you want to secure as much compensation as is legally possible for your damages, it is imperative to consult a Las Vegas product liability attorney as soon as possible after you have been injured by any product.
Recovering Compensation for Product Liability in Las Vegas
Once your Las Vegas product liability attorney has helped you prove the dangerous nature of the product that injured you, the next step in your case is determining which party or parties bear fault for your damages. Depending on how the injury happened, one or more parties in the supply chain of the product in question could bear fault for your damages. Fault may rest with the original manufacturer, a distributor, or a retailer.
After identifying the defendant or defendants responsible for the damages, your attorney can help accurately calculate the full amount of damages you can include in your claim. Under Nevada law, the plaintiff in a personal injury claim, including one that falls within the purview of product liability law, has the right to seek compensation for:
- Medical treatment costs, including both immediate and future medical expenses. Defective products can cause a host of physical injuries, some of which may be difficult to treat and require ongoing rehabilitative care. Any and all medical expenses you incur from a product liability injury can be included in your civil suit.
- Lost income. When you are unable to work because of the injuries you suffered, the defendant responsible for those injuries is liable for the income you cannot earn during this time. If you sustained any serious injury that permanently limits your earning power, the defendant is responsible for this lost future earning potential as well.
- Property losses. If the product in question caused any damage to your home, your vehicle, or any other property, you could include repair or replacement costs in your product liability claim.
After calculating all of the economic damages you can include in your product liability claim, you can enhance your recovery further by seeking pain and suffering compensation from the defendant. State law does not limit this aspect of your recovery, so if you suffered catastrophic injuries from the product in question, your pain and suffering compensation could form the bulk of your final recovery.
Calculating Pain and Suffering in a Las Vegas Civil Suit
The average person may struggle to determine appropriate monetary values for intangible losses like physical pain and psychological distress, but your attorney can offer valuable guidance for this aspect of your claim. When a plaintiff has suffered injuries from which they are expected to fully recover in the short term, their attorney is likely to seek pain and suffering compensation that reflects how long it will take them to fully recover. This per diem method involves calculating a set amount of daily compensation then multiplying it by the number of days the plaintiff spends in recovery.
When a plaintiff has sustained life-changing injuries, especially those resulting in permanent disabilities, their attorney is more likely to aim for a large lump sum of pain and suffering compensation. They typically calculate this by multiplying the client’s total economic losses by a factor of one to five to indicate the severity of the client’s condition. If you suffered any permanent harm from a defective product, the pain and suffering compensation you win from a product liability claim could amount to several times more than the total of all your economic losses.
What to Expect From Your Las Vegas Product Liability Attorney
When you believe you have grounds to file a product liability claim in Las Vegas, you may realize that the defendant in your claim is a large corporation. It can be daunting for the average person to think of confronting a large company with a civil suit, as most of these organizations have powerful in-house legal counsel dedicated to deflecting liability away from their employers. However, you do not need to fear filing your claim when you have the right attorney representing you.
If you choose Easton & Easton as your legal counsel, you are investing in decades of professional legal experience. Our firm has cultivated a strong reputation as a leading choice for personal injury counsel in California and Nevada because we are committed to client-focused legal representation. We take time to get to know our client and examine all of the effects their injury has had on their life. We don’t believe in one-size-fits-all strategies for our clients’ cases, especially those that fall within the complex realm of product liability law.
Our firm has helped many past clients recover compensation for the harm they have suffered from defective and unreasonably dangerous products. We know how challenging it can be to confront any corporation or large business, and you may have multiple options for resolving your case. Rest assured that our team will take time to reveal every avenue of recovery that may be available to you to enhance your recovery as much as legally possible. Time is a crucial concern for any civil suit for damages in Las Vegas, so it is essential for you to contact an attorney you can trust as soon as possible after your injury to have the greatest chance of maximizing your recovery.
Product Liability Attorneys FAQs
Q: Should I Join a Class-Action Lawsuit for Product Liability?
A: Many product liability cases pertain to products that have caused similar damages to many other people. Class-action lawsuits can form when multiple plaintiffs have similar claims against the same defendant, such as the manufacturer of a specific defective product. Joining a class action suit can make it easier to resolve your case, and you will likely spend less in legal fees, but the final case award is split among all the plaintiffs. Each individual plaintiff is likely to receive far less than they could potentially obtain with individual claims. An experienced Las Vegas product liability attorney is the ideal resource to consult if you are unsure whether joining a class action would suit your interests.
Q: What Are the Three Types of Product Liability Claims?
A: Product liability claims typically fall into three categories: breach of warranty, negligence, or strict liability. Your Las Vegas product liability attorney can help you understand what type of case you have and the specific legal challenges you are likely to face as you seek compensation for your damages. Each type of product liability claim entails different legal statutes. You need an experienced Las Vegas product liability lawyer to examine the details of your claim so that you can approach your recovery process correctly.
Q: What Is the Products Liability Act?
A: The Products Liability Act is a law designed to compel product manufacturers to ensure the products they produce and sell to consumers are safe, effective for their intended use, and perform as advertised. Products must also include applicable safety warnings, instructions for intended use, and meet all regulatory requirements.
Q: How Much Compensation Can I Recover From a Product Liability Claim?
A: The total potential value of your product liability claim in Las Vegas depends on the severity of the harm you suffered from the product in question. A Las Vegas product liability attorney can tell you whether you have grounds for a claim, identify the party responsible for the damages, and help calculate the full amount of the damages you can seek from the manufacturer under Nevada’s personal injury laws. The average plaintiff should be able to recover all economic damages and a suitable amount of pain and suffering compensation if they have the right attorney representing them.
Q: How Much Will It Cost to Hire a Product Liability Lawyer?
A: The attorneys at Easton & Easton accept clients in civil cases on a contingency fee basis. There are no upfront legal fees or ongoing fees from our firm when you select us to represent you. Instead, we take a percentage of the total compensation we recover on your behalf as our legal fee, but we only take this fee if we win your case. If our firm cannot recover compensation for your damages for any reason, you pay nothing, so there are no financial risks to you by choosing our firm as your legal representation in a product liability claim.
The attorneys at Easton & Easton have helped many Las Vegas area clients with all types of personal injury cases, including those that fall under product liability law. We can carefully review the details of how your injury happened, determine whether the product that injured you was defective and/or unreasonably dangerous, and help accurately calculate the full amount of damages you can seek from the defendant. Contact us today to schedule your consultation with a Las Vegas product liability attorney and learn more about the professional legal services we can provide.