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What is Product Liability?

When you buy a product as a consumer, you expect to be able to use that product safely for its intended use. It is inconvenient and frustrating when a product doesn’t work as promised, and often you are entitled to a refund of what you paid for it. However, when a product is not only defective, but also dangerous and causes injury, you may be entitled to compensation for your injuries. Liability for defective products that cause injury is called product liability, and attorneys from Greenman, Goldberg, Raby & Martinez can provide you with a free initial consultation if you believe you have a product liability claim.

Who Can You Sue?

If you have a product liability claim, you may be able to seek compensation for your injuries from everyone in the distribution chain, which is the path that the product takes from the manufacturer to the consumer. You may be able to sue the manufacturer of the product, and if the defect was in a particular separately manufactured component,

you may also include the manufacturer of that component.

If another company designed the product, and the design was defective, you may be able to sue that designer. If the defect was in the instructions or the labeling, and a separate marketing company handled that, you may be able to sue that company as well. Since the retailer, and any distributors, suppliers, or wholesalers, are also part of the distribution chain, you may be able to include those parties in your suit depending on the details of your situation.

How do courts look at product liability in Nevada?

Nevada courts apply a strict liability standard to product liability cases. This means that all you would need to prove in order to win a product liability case is that the product was designed, manufactured, or marketed in a defective way, the product wasn’t substantially altered from the condition in which it was sold, and that your normal use of the product caused an injury.

You do not need to show carelessness or “negligence” on the part of the manufacturer or retailer, which may be difficult to prove occurred during the design or manufacturing process.

Courts usually look at three kinds of defects that may support a product liability claim:

  • Manufacturing defects: These are defects in a specific product that occur during the time a product is made, and is caused by either poor materials, or shoddy workmanship.
  • Design defects: These are defects inherent to a whole product line that is caused by an unreasonably dangerous design, regardless of the manner and materials used in manufacturing.
  • Marketing defects: These are defects caused by a manufacturer’s failure to inform customers of how to use or not to use the product in certain ways that may result in injury.

Product liability claims involve complex issues, and an experienced lawyer can help you determine the appropriate strategy for filing suit and receiving compensation. If you think you may need legal representation for a product liability suit, call Greenman, Goldberg, Raby & Martinez at (702) 388-4476 to schedule your free consultation today.