Friday, April 17, 2015

Product Liability: What Constitutes a Claim in Nevada?

Thousands of people a year are injured because of faulty products. Product liability cases are brought when a manufacturer is accused of inadequately designing, manufacturing, or marketing their product to the consumer. An experienced attorney can help you recover compensation if you’ve been the victim of a faulty product.

Companies, under product liability law in Nevada, have the responsibility to design and manufacture products that are safe to use and to inform consumers of any potential hazards. If a product is defective and causes harm to the consumer, the consumer may have legal grounds to seek compensation.

What kind of products usually falls under this law?

The types of consumer products that are typically involved in these cases include:

  • Cars or other vehicles
  • Children’s toys
  • Mechanical parts
  • Home appliances
  • Machinery
  • Electronic devices
  • Construction Equipment
  • Food products
  • Lawn mowers
  • Grills
  • Baby cribs
  • Car tires
  • Medical equipment
  • Child strollers
  • Prescription medicines

The list goes on. Whether it’s your car’s blown tire, your child’s trike, or your gas grill, product liability cases can come in many shapes and sizes. This great variation in what could constitute a product liability claim can make for complex cases in Nevada and beyond. So, what exactly are the types of product liability cases? Let’s take a look.

Three Types of Product Liability Cases

While product liability claims can vary greatly depending on the defective products and additional circumstances, they generally fall under three different cases.

1. Design defect
This refers to products that were designed with serious flaws that make it dangerous to consumers. This means the product, from its inception, was designed with a serious defect that could make it potentially hazardous to those buying and using it.

2.  Manufacturing defect
Some products are designed safely, but at some point in the manufacturing process, they are created in a faulty manner, rendering them hazardous to consumers. This could result in hundreds of thousands of perfectly safe products, with a small grouping of items manufactured with a dangerous flaw. This is typically referred to as negligence by the manufacturer.

3. Insufficient or inadequate notification of hazards
 Marketing is important in the creation of a product, and even if an item is made perfectly correctly to design, a company could still be held liable for not warning consumers of potential harm. This often plays out in improper labeling, lack of instructions or incorrect instructions all together.


What constitutes a product liability claim in Nevada? 

You may be able to recover compensation if you were injured by a defective product. However, how do you know if your situation constitutes a claim in the state of Nevada? It primarily boils down to negligence. Negligence is present in a case if the company had a duty to the injured person and if their failure to act caused the person to be injured.

In these cases specifically, a plaintiff has to prove negligence. The main tenets that you have to prove in a product liability claim include:

  • The manufacturer was liable for consumers care when using product and the care was not upheld.
  • The failure to provide care for the consumer lead to your injuries.
  • You sustained serious damages as a result.
This is a good starting point, but these types of cases can be very complex. They often require expert testimony and in-depth inquiries into the rights and duties of manufacturers.


If you believe you’ve been the victim of a faulty product, don’t hesitate to contact the De Castroverde Law Group in Las Vegas, NV. De Castroverde is dedicated to helping victims in these cases get the justice and compensation they deserve.