Injured by a defective Product?
Las Vegas Product Liability Attorneys
Product Liability Claims in Nevada
Every day, we use numerous products to make our lives easier, safer, and more convenient. We rely on these products to work properly and to do what they are intended and marketed to do. Unfortunately, defective and downright dangerous products make it onto the consumer market every single year—often with devastating consequences. In the hands of ordinary consumers, defective products can cause severe injuries and, in some tragic cases, fatalities.
If you were injured or your loved one was killed by a defective product, reach out to the legal team at Bertoldo Carter Smith & Cullen. Since 1985, our Las Vegas product liability lawyers have been taking on major product manufacturers and distributors who care more about their profits than the safety of the public. We understand how to navigate these complex cases and have a history of success in this area of law. In fact, our firm has recovered millions of dollars for our clients, and we are ready to fight for you, too.
Contact us online or call (702) 800-0000 now to request your free and confidential consultation. No fees unless we win.
We Handle All Types of Products Liability Cases in Nevada
At Bertoldo Carter Smith & Cullen, we have extensive experience representing victims of all types of defective products.
We regularly assist clients with product liability cases involving defective:
- Auto parts
- Baby products
- Drugs, including Abilify
- Medical devices, including hernia mesh
- Household appliances
- Farming products
- Vehicle design
We also represent victims of toxic exposure in civil actions known as toxic torts. If you or a loved one suffered injuries or an illness as a result of being exposed to hazardous pollutants or toxic substances, we can help you seek fair compensation for your damages.
What is Products Liability?
Product liability refers to the responsibility product designers, manufacturers, and distributors have to make reasonably safe products. In other words, any entity involved in the creation, production, or distribution of a product is legally liable for ensuring that the product is reasonably safe for ordinary use.
Product defects generally fall into three categories:
- Design Defects: These occur when the actual design of the product is faulty, making the product inherently unsafe for typical use. In order for a product to have a defective design, it must be inherently and unreasonably dangerous.
- Manufacturing Defects: When a mistake is made during manufacturing, such as contamination or failure to adhere certain parts, a batch of products can become defective. This is one of the most common types of product defects.
- Marketing Defects: Also known as a labeling defect, a marketing defect occurs when a product is improperly marketed or lacks sufficient warnings labels or instructions. This can result in dire consequences for unsuspecting consumers.
What are the Different Types of Liability for Defective Products?
Product manufacturers and distributors can generally be held liable for defective products under several different legal theories, including the theory of negligence, strict negligence, and breach of warranty (expressed or implied), among others. Our Las Vegas product liability lawyers can help you understand this complex area of law as it pertains to your unique situation and work to build a solid case aimed at securing the maximum compensation you are entitled to receive.
Negligence
The first ground for legal action involving a defective product is negligence. Under this argument, the injured party must show that the defendant’s negligence resulted in the product-related losses. Negligence may be proven by showing a breach of duty by the maker, who failed to ensure the reasonable safety of the product that caused the plaintiff’s injury.
Breach of Warranty
The second type of liability, which constitutes grounds for a defective product case, is a breach of warranty. A breach of warranty primarily implies that there was a violation of promises made by the manufacturer to the consumer, which were expressed through the labeling or sales transaction. The product, in essence, does not live up to the guarantees of the maker.
Strict Liability
Third, strict liability is also grounds for a defective product case. Strict liability implies that the manufacturer of the product is responsible for damage or injury caused by the product, regardless of precautions taken to ensure safety and accurate warning information. This standard is based on the belief that the maker of a product should bear the burden of injuries caused by their product.
Choose a Trusted Team of Products Liability Attorneys in Las Vegas
At Bertoldo Carter Smith & Cullen, we have decades of experience, but we know that every case is different. While we draw on our past experience with the law, we also provide each and every client with the personalized care and attention they deserve. Our goal is to help you navigate the personal injury process, handling every aspect of your case so that you can focus on healing.
Our large team of Las Vegas product liability lawyers and dedicated legal staff is ready to answer your questions and provide you with the information you need to move forward. We dedicate all of our time, resources, and efforts to helping you secure the maximum recovery you are owed for your medical bills, lost wages, pain and suffering, and other damages. We will leave no stone unturned when investigating your claim and building the strongest possible case on your behalf.
Get in touch with Bertoldo Carter Smith & Cullen today to request your free initial consultation. Call (702) 800-0000 or contact us online now.
Las Vegas Product Liability FAQ
- What is “failure to warn”?
If a product manufacturer does not take the proper steps to warn the public – which includes consumers, retailers, doctors, vendors, etc. – that its product may cause health risks or injuries, it could constitute a “failure to warn.” When a product maker fails to warn people about the product’s dangers and someone is hurt, liability for the injuries and damages may be placed on the product manufacturer in full. - If I’m injured or a loved one is killed by a defective product, who do I make a claim against?
Product liability laws allow you to file injury claims and lawsuits against product manufacturers when a product they designed, manufactured, or sold hurts you or fatally injures a loved one. Typically, liability for such incidents rests on the product manufacturer more than any other party, such as retailers who sold the product, if any other party can be held liable at all. - What should I ask my product liability lawyer?
You should ask your product liability lawyer how much experience they have with such cases and what approaches they use when working on a claim. You should also ask if you should keep the defective product so the attorney’s team or a third-party product engineer can inspect it.
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