The Fundamentals of Product Liability Explained

Product liability law is based on the principle that companies are responsible for bringing high-quality, safe products to the consumer. This law holds sellers, distributors, and manufacturers accountable for defective products that injure or harm users. In these cases, the inured party may have grounds for product liability claim.

Understanding the laws is crucial from both a consumer and business perspective. Each party can manage their cases more effectively when they know their rights and obligations. Visit - A Guide in Hiring a Product Liability Attorney - for guidance on hiring a product liability attorney.

Understanding The Legal Aspects of Product Liability

This law is based on varied legal concepts and considerations. Key elements of product liability claims involve:

Duty of care

Manufacturers and sellers have a duty of care toward the customer. That means they are legally obligated to ensure the products they offer are safe when used for their intended purpose. Reasonable care must be taken throughout each process, including design, manufacture, and distribution.

Breach of duty

When the manufacturer or seller fails to meet the duty of care, a breach of duty occurs. Potential issues can include manufacturing defects, inadequate quality control, negligence in design, or insufficient instructions and warnings.

Causation

A skilled injury attorney must prove that the defective product directly caused the damages the consumer suffered to establish a liability claim, a causal link between the defect and the injury or damage.

Damage

The objective when filing a liability claim is to seek compensation for injuries or damages from defective products. These losses can include medical bills, lost income, property damage, pain and suffering, and other loss.

Types Of Product Defects Resulting in Liability Claims

Varied defect can occur leading to liability for manufacturers and sellers. Understanding these different types is vital to identify potential claims. The three primary product defects are.

Design

These defects refer to inherent flaws or dangers in the design. Unlike the manufacturing, design defects can impact then entire line, making the item unreasonably dangerous despite being manufactured according to specifications.

Manufacturing

These defects occur at the time of production, resulting in items that deviate from the intended design. The defects can be isolated incidents, affecting only a portion of what’s produced.

Failure to instruct or warn

Products may prove to be inherently safe in manufacturing and design but pose a risk if incorrectly used. In these cases, manufacturers and sellers are obligated to provide clear instructions and warnings on safe usage. Failure to do so puts them at risk for liability if the customer is not adequately informed of potential risks.

When you buy a product, the least you expect is that it will be safe and work as it’s intended. If the item malfunctions and you’re injured and you believe the manufacturer is responsible, you may have a liability claim. Nevada has strict rules to protect victims of defective products.

Attorneys with a focus in this area of the law like Friedman Injury Law understand who may be held liable when harm occurs as a result of negligence. They work tirelessly for a successful outcome. Claimants have several theories on which to base their lawsuits on.

Negligence

This ground involves proving that the manufacturer or seller failed to exercise reasonable care in the item’s marketing, design, or production. The attorney must show that this directly led to an unsafe product and the resultant injury or damage to the customer.

Strict liability

Under this theory, the attorney only needs to show that the item was defective, regardless of the manufacturer’s or seller’s intentions or care. This simplifies the process, putting the focus solely on the item’s condition and effect.

Breach of warranty

An express warranty is a specific manufacturer’s promise relating to a product, while an implied warranty is an unspoken guarantee that an item won’t cause harm. An attorney can base a claim on a violation of these warranties which assert products are of quality and safety.

Fraud

When a manufacturer or seller knowingly makes false representations about products which the customer relies on to their ultimate detrimate. A fraud claim require proof that the deceit was intentional and led to the customer's harm.

These legal grounds offer different avenues for consumes to seek recovery for their losses from defective products depending on the specifics of their circumstances and the nature of the defect.

Statute Of Limitations on Defective Products and Product Liability

In Nevada, product liability statute of limitations 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 according to Nevada’s Revised Statutes Section 11.190(4) (e).

Essentially, if you’re injured by a defective product, you have up to four years to file a claim against the retailer, distributor, or manufacturer responsible for the product defect.

Keep in mind that the statute of limitations may vary based on case specifics; it’s always advisable to consult with an experienced attorney to better understand your legal rights and options.

Consult With a Product Liability Attorney

Defective product lawyers assess potential liability claims and discuss options to reach the compensation you deserve. To build a solid case, your lawyer will recommend completing the following steps.

• Documentation:  You want to hold onto all receipts, warranty paperwork, and correspondence between you and the manufacturer or seller. Further, take photos of the damage or injuries caused by the defective item and the item itself.
• Notification: The attorney will notify the manufacturer or seller about the defect immediately. This often leads to a faster resolution outside of court.
• Medical attention:  For those injured by the defect, it’s essential to seek medical attention immediately. Medical records are vital evidence if health issues are part of the claim.
• Witness statements: If others experienced the same issue with the product or saw the incident, their testimony can support your claim.
• Understand the product:  Research to learn if there are any recalls or complaints relating to the item. These details can be helpful with your case.

You don’t have to bear the stress and frustration of a product liability claim alone. Professional and experienced attorneys will guide the process and work diligently for a favorable outcome. View here for reasons to hire a liability attorney.