by senditrising



When you buy a product, the least you can expect is that it works. Unfortunately, items occasionally malfunction. When this occurs, you might get injured. If you believe the product manufacturer should be held liable for your damages, you should be aware that Nevada law is on your side. Nevada has strict rules to safeguard victims of defective items. 

We have extensive knowledge in the laws that protect consumers from product injury, and we understand who may be held liable when actual harm occurs as a result of their negligence.


What is considered as a defective product?



A defective product is generally characterized by design flaws, manufacturing errors, or inadequate warnings that make it unsafe for use. Defective products can come in many forms, and categorizing these defects helps to clarify the basis for legal claims. 

Here are the primary types of product defects that might lead to a consumer’s injury or dissatisfaction:

  • Design Defect

These defects are inherent; they exist before the product is manufactured. The defect is in the product’s design, which makes it fundamentally unsafe to use. A car model, for example, that has a tendency to flip over while turning bends has a design defect. Even if such things are perfectly made in accordance with requirements, they are harmful.

  • Manufacturing Defects

These occur during the item’s creation or production. The defect is often caused by a mistake or mishap in the manufacturing process that deviates from the product’s planned design. For example, a batch of pressure cookers may become defective if the safety valves are incorrectly placed during manufacture, potentially causing the cooker to explode under pressure.

  • Marketing Defects

These are sometimes known as “failure to warn” faults and are associated with the marketing process. This category contains products that are dangerous in some way that is not clear to the user, or that require the user to take precautions that the maker does not mention. For example, if a pharmaceutical company fails to warn of serious side effects or if a cleaning product does not include proper usage instructions, these items may be considered marketing faults.

Each of these types of defects can have major implications, therefore it is critical for consumers to understand their rights and manufacturers to ensure that their products are safe, well-made, and correctly stated.


Legal Grounds for a Defect Product Claim



In defective product cases, claimants can base their lawsuits on several legal theories which are as follows:

  • Negligence: This ground involves proving that the manufacturer or seller failed to exercise reasonable care in the design, production, or marketing of the product. Claimants must demonstrate that this lack of care directly led to the product being unsafe and causing injury or damage.
  • Strict Liability:Under strict liability, the claimant needs only to prove that the product was defective, regardless of the manufacturers or seller’s intentions or care. This theory simplifies the process for the injured party, focusing solely on the product’s condition and its impact.
  • Breach of Warranty: Claims can be based on violations of explicit or implied warranties that assert a product’s safety and quality. An express warranty is a specific manufacturer’s promise regarding a product, while an implied warranty is an unspoken guarantee that the product will not cause harm.
  • Fraud: Occurs when false representations about the product are made knowingly by the manufacturer or seller, and the consumer relies on these misrepresentations to their detriment. Proof of fraud requires showing that the deceit was intentional and that it led to the consumer’s harm. These legal grounds offer different avenues through which consumers can seek redress for injuries or losses due to defective products, depending on the specifics of their situation and the nature of the product defect.


Tips for Suing for Defective Products



Here are some tips and guide for suing for defective products:

  • Document Everything: Keep all receipts, warranties, and any correspondence with the seller or manufacturer. Photographs of the defective product and the damage it caused are also crucial.
  • Report the Issue: Notify the manufacturer or seller about the defect as soon as possible. This can sometimes lead to a quicker resolution outside of court.
  • Seek Medical Attention: If the defective product caused injury, get medical treatment immediately. Medical records will serve as important evidence if health issues are part of the claim.
  • Gather Witness Statements: If others witnessed the incident or have experienced similar issues with the same product, their testimonies can support your case.
  • Understand the Product: Research the product for any recalls or other complaints. This information can provide additional support for your claim.


Statute Of Limitations on Defective Products and Product Liability in Las Vegas

In Nevada, the statute of limitations for product liability cases is four years from the date of damage or three years from the day the injury was discovered or should have been discovered with reasonable diligence (Nevada Revised Statutes Section 11.190(4) (e).

This implies that if you get injured by a defective product, you have up to four years to sue the manufacturer, distributor, or retailer who caused the defect in the product.

It is important to remember that the statute of limitations might vary based on the specifics of the case, so it is always advisable to speak with an experienced defective product lawyer in Las Vegas to better understand your legal rights and choices.


Contact an Experienced Las Vegas Defective Product Lawyer Today

If you or your child has been injured as a result of a defective product, you should not be forced to bear the grief and financial burden alone. The experienced Las Vegas defective product lawyers at Moss Berg Injury Lawyers are here to assess your possible claim and discuss over your available options for being compensated. Contact us online today to schedule a free consultation with our team of professionals.