When investigating your case, a Las Vegas product liability attorney will figure out which company involved in the product made the harmful error. Dangerous products result from:
- Manufacturing defects
- Design defects
- Failure to warn, also known as a marketing defect
With a manufacturing defect, flaws were introduced to the product during its construction. This could be from issues like adulterated materials or poor quality control.
Design defects describe flaws that were inherent in the design. The danger arises from the concept and not the manufacturing process.
A failure to warn can hurt people when product labeling does not provide transparent information about using the product safely. Product information may fail to mention all hazards or the severity of the consequences of incorrect product usage.
To prepare your insurance claim, or perhaps a lawsuit if one becomes necessary, a Las Vegas product liability lawyer will determine how to approach your case. Product liability cases generally base their claims on:
- Strict liability
- Breach of warranty
A product liability claim based on negligence needs evidence that a company acted with disregard for consumer safety. The manufacturer, distributor, or designer failed to fulfill the duty of care owed to people using the product. Such a case requires showing that careless actions directly caused your injuries.
Strict liability, on the other hand, has a lower standard. Nevada recognizes the application of strict liability, which means you must only prove that the product hurt you. No evidence showing that a company performed negligently is necessary. Strict liability cannot apply to second-hand purchases.
A breach of an express or implied warranty is based on misrepresentation. The manufacturer or seller portrayed the product as safe for the uses you intended, but reality turned out to be different.