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Las Vegas product liability lawyer
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The Law Offices of Las Vegas Attorneys is proud to serve the following local areas:
Henderson
- Vegas
- Nevada
- Summerlin
- Boulder City
- North Las Vegas
- Green Valley
- Pahrump |
Las Vegas product liability lawyer deals with cases involving defective or dangerous
products.
Manufacturers, wholesalers, and retailers of products can be held
liable for damages arising from the use of dangerous products. Products
covered by this area of law, include food, drugs, and real estate, as
well as virtually all consumer products.
The user who is injured and seeks damages does not need to be the
original purchaser of the product. Product liability is frequently a
question of strict liability--if the product is defective and it caused
injury, the injured user may sue for damages as long as the product was
used as it was intended and not substantially changed from its original
condition. It may not be possible to prove the injuries were
caused by defects in the product if the injured user was using the
product in a manner not intended by the manufacturer or retailer, or
changed the product so that safety features were disabled.
If it can be proven that a company failed to test its product
adequately or supply directions for its use, the injured party
probably has grounds for filing suit on the basis of
negligence. When an item is sold a manufacturer implies a
warranty for fitness of use and freedom from defect. If the item proves
to be defective or is unfit for the purpose intended, an injured user
can file a Las Vegas product
liability case. In a case of negligence, it is
important that the plaintiff is able to show that the product was
defective when it left the control of the party he is suing. It is not
possible to hold someone responsible for a defect that occurred after
that party had control over the product.
In product liability, there are various areas of defects that can
occur. If a claim of strict liability is to be pursued, the injured
party will need to show that the product was unreasonably dangerous for
its intended use, due to a defect. There are generally three areas in
which a product can be unreasonably dangerous:
- The manufacturer or seller can
fail to warn about dangers associated with the product's use.
Manufacturers and sellers are expected to give adequate warnings about
possible dangers, and to provide clear and adequate instructions of
use. Failure to do so can cause a useful product to become deadly. For
instance, coolants used in automobiles are extremely toxic -
failure to print warnings of this toxicity on the product labels could
lead to an accidental poisoning and thus to a suit for damages.
- The
product may have a design defect.
This means that the product is manufactured with a defect, even if it
is assembled perfectly. An example would be a car gasoline tank that is
designed with weak walls such that an impact can rupture the tank and
cause the car to catch on fire, even when the tank is correctly
assembled and installed.
- A
manufacturing defect exists when an otherwise safe product is rendered
dangerous because it is assembled improperly.
A car whose wheel is installed with missing or cross-threaded bolts may
lose a wheel at high speed, injuring or killing the driver and
passengers. If it is proved that the car was manufactured with that
defect, the manufacturer will be liable.
In all cases of product liability, it is essential to the success of
the case that the product is preserved and any paperwork showing the
origin of the product is available. Receipts showing purchase, repair
records, etc., can be vital to building a successful product liability
case.
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