Product Liability Attorneys Representing All of Nevada
A product liability lawyer can help you pursue justice if you or someone you love was injured due to a product failure or defect. Burg Simpson has the knowledge, experience, and resources to help consumers seek maximum compensation for their injuries and losses.
Product liability is a complex area of law. It is important to consult an attorney as soon as possible to explore your rights.
Talk to a product liability lawyer today. Call Burg Simpson Law Firm at 702-668-2070 for a FREE and confidential case evaluation. Our Las Vegas office serves clients in communities throughout Nevada and nationwide.
What Are the 3 Types of Product Liability Claims?
Claims giving rise to product liability litigation typically fall in one of three different categories:
- Design Defects
- Manufacturing Defects
- Failure to Warn
An experienced attorney will know what evidence is required to prove (a) that the product was faulty and (b) that you are entitled to compensation.
Design Defects
The design of a product is considered dangerous if it contains an inherent fault that presents a risk to the consumer. Often, products with a defective design deviate from federal safety regulations (such as those found in Title 16, Chapter 2 of the Federal Code of Regulations) and/or industry standards. In the event of a design defect, an entire lot or line of products may be dangerous.
Manufacturing Defects
Manufacturing defects occur when the product is being built or assembled. They may be a “fluke” that affects only one product, or multiple products may be impacted by the same error. Manufacturing products can make the product itself unsafe, compromise the packaging, or result in other dangerous flaws.
Failure to Warn
If a product is used in the manner for which it is intended and in accordance with the manufacturer’s instructions, it should not cause harm to the user. A failure to warn claim argues that the manufacturer neglected to provide necessary warnings or instructions, resulting in personal injury.
What Is a Product Liability Lawsuit?
A product liability lawsuit is a legal action that seeks compensation for the harm caused by a defective product. It consists of a complaint that describes the plaintiff’s injuries, argues that the defendant(s) is/are liable, and makes a demand for relief of damages (i.e., the losses the plaintiff has sustained).
Lawsuits must be filed with the correct court to move forward. A knowledgeable product liability lawyer can ensure that the lawsuit is filed properly.
In cases where multiple consumers are injured by the same defective product, litigation may proceed in several different ways. Claims may be brought against the manufacturer on an individual basis (known in legal circles as “mass torts”). Alternatively, similar cases may be combined into a class action lawsuit. Burg Simpson has extensive experience with product liability and class action litigation, and we can give you a complete understanding of your legal options.
How Do You Prove Product Liability?
Nevada is a “strict liability” state when it comes to defective products. Strict liability is a legal concept that imposes liability for damages on a defendant regardless of their actions or inactions in causing harm to someone else. Unlike a personal injury claim—where the right to recovery generally rests on the plaintiff’s ability to prove that the defendant was negligent—product liability claims may be brought even if there is no evidence of wrongdoing on the part of the manufacturer or any other defendants.
Rather, you need to prove the following:
- Some aspect of the product (e.g., its “manufacture, design, importation, distribution, packaging, labeling, lease or sale of a product”; see Nevada Revised Statutes 695E.090) is defective.
- The defective product caused your injuries.
- You sustained compensable damages as a result of the product defect.
Strict liability should never be considered automatic liability. Causation must be established, and it is extremely important to identify any and all defendants in your claim. An experienced product liability attorney can assist you with these elements and prepare a strong case on your behalf.
Who Can Be Held Liable for Product Liability?
Multiple companies tend to be involved in making today’s consumer products. As such, it is important to identify all of the parties that created, distributed, and sold the product that caused your injuries or led to the wrongful death of your loved one.
To recover all of the damages you deserve, it is imperative to include any and all applicable defendants in your claim. A product liability lawyer in Las Vegas will fully investigate the following:
- The company or companies responsible for designing the product
- The manufacturer of the product and any of its components
- Importers
- Wholesalers
- Retailers
- Any companies involved in the marketing and/or labeling of the product
Under the state doctrine of strict liability, claims brought on the basis of products liability in Nevada do NOT need to show that any of the parties were negligent; however, the role of each defendant in the creation, distribution, and/or sale of the defective product must be established.
What Are Some Examples of Defective Products?
At one time or another, just about every kind of product you can think of has suffered from some form of notable defect. Sometimes recalls are announced in time to minimize the harm to consumers. In other cases, however, one or many more people have suffered catastrophic injuries as a result of a defect.
Burg Simpson has handled a wide range of product liability cases nationwide. Our experience encompasses litigation involving defective products such as:
- Medications and pharmaceutical products
- Medical devices
- Vehicles and automotive components
- Children’s clothing, toys, and other products
- Appliances and electronic devices
- Industrial, construction, and agricultural equipment
- Power tools
- Building supplies
This is not an exhaustive list. If you were seriously injured or a member of your family was hurt or killed by any kind of defective product, we encourage you to contact Burg Simpson as soon as possible.
Our firm has extensive experience at the national level representing plaintiffs in product liability litigation. Your case evaluation is FREE and confidential.
What Compensation Are You Entitled to in a Product Liability Case?
A defective product may cause catastrophic physical injury or severe illness. In extreme cases, it may result in the death of the user. Given the wide range of potential consequences associated with a product defect, it is important to have a complete understanding of the compensation that may be available. This can be gained by consulting a product liability attorney.
Our lawyers will evaluate all of the ways the defective product has impacted your life and affected your family. Potential damages in a product liability claim may include:
- Current medical expenses to date
- Any and all future medical expenses
- Lost wages
- Loss of future income and earning capacity
- Property damage and loss of the use of property
- Emotional harm
- Pain and suffering
- Disfigurement
- Physical impairment
- Loss of consortium
There are also limited circumstances where punitive damages may be awarded. In Nevada, the courts will only award punitive damages if it is shown “by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice, express or implied” (see Nevada Revised Statutes 42.005). Claims brought solely on the basis of strict liability or negligence will not qualify for punitive damages; rather, the defendant’s actions must rise to the level of fraud, malice, or oppression as defined by Nevada law.
Punitive damages are generally capped at three times the compensatory damages award (or $300,000 if compensatory damages total less than $100,000). No such cap, however, is imposed in claims made against the “manufacturer, distributor or seller of a defective product.”
If you were injured or lost someone you love due to the egregious actions of a manufacturer or other company, you deserve to be fully and fairly compensated. Our attorneys will fight for the outcome you deserve—up to and including going to court.
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How a Product Liability Lawyer Can Help
Products liability litigation is complicated. Proving that a product was defective, that the defect caused the plaintiff’s injuries, and that the parties in the chain of distribution are liable can be more challenging than many people realize.
You only have one opportunity to pursue compensation for injuries and damages from a defective product. Having experienced legal counsel on your side is vital for obtaining a favorable result.
A product liability attorney can handle all aspects of the case so you and your family can focus on healing and rebuilding your lives. Key steps a lawyer will take on your behalf include:
- Examining the product: The first step of any product liability claim is evaluating the nature of the defect. Our lawyers work with leading experts to examine the product for flaws and determine how the product failed and why.
- Understanding your injuries: It needs to be established that the defective product caused your injuries. A product liability attorney will review your medical records and meet with the doctors involved in your care to gain a complete understanding of your injuries, including your prognosis and what medical care may be required in the future.
- Calculating damages: Most people do not know the full extent of damages they may be entitled to for personal injury or wrongful death caused by a defective product. Product liability lawyers do, and they will fully examine your current and future losses to account for every dollar of compensation you are due.
- Managing your claim: From negotiating with the defendants and their insurance companies to filing a lawsuit if necessary, a product liability attorney will represent your best interest at all times. Defective product cases can take years to resolve. Your lawyer will keep you apprised of any developments, including settlement offers.
- Going to trial: It may be necessary to file suit and, ultimately, proceed to trial if a settlement cannot be reached. This process should be handled by an attorney who is not only well-versed in product liability law but has extensive experience in the courtroom—and a record of success.
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Contact a Las Vegas Product Liability Lawyer Today
Burg Simpson has local clout and national strength. We have lawyers nationwide who are well-acquainted with the laws and courts in your area. Our experience, resources, and results are unmatched, enabling us to provide award-winning service to clients in product liability matters.
Good Lawyers. Changing Lives.®
Call Burg Simpson at 702-668-2070 for a FREE and confidential case evaluation with a product liability lawyer. We represent clients injured by defective products in Las Vegas, Nevada, and throughout the country.
