As consumers, we expect that the products we buy will be safe. When used as intended, we expect the products will not cause us harm or hurt our loved ones. Unfortunately, there are times when manufactures put profits ahead of safety, and we the consumers are exposed to defective and dangerous products. Product liability law is intended to protect consumers who sustain injury from the use of, or the exposure to, a defective and/or dangerous product.
Fortunately, individuals who suffer an injury as a result of defective and/or dangerous products may be entitled to compensation. When injured by a defective product, individuals can make a claim against the product designers, manufacturers, distributors, retailers, and/or refurbishers.
Generally, there are three ways in which a consumer may recover in a product liability case:
- Strict Liability – liability can be established if a defect in a product renders it unreasonably dangerous, and thereby causes injury. Whether a product is deemed unreasonably dangerous or defective varies from state to state. In Nevada, a product may be found unreasonably dangerous and defective if the manufacturer fails to provide an adequate warning. It is important that consumers who have been injured by a product consult with an experienced and qualified attorney to determine whether there is a viable claim for strict liability.
- Negligence – an injured party can establish liability for negligence by demonstrating that the defendant breached its duty of case to its consumers. For example, an injured person may claim that the defendant failed to warn or improperly designed, manufactured, or packaged the product.
- Breach of Warranty – generally, this theory of liability is available to those injured parties who are in privity with the defendant. The injured party must establish that the defendant failed to comply with a particular product guarantee.
Product liability law is an ever-changing area of specialty. If you or a loved one has been injured by a defective product, meet with the qualified and experienced attorneys at 9th Island Injury Lawyers. We will make sure you get the compensation you deserve.