Nevada Law - Las Vegas Product Liability

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When we purchase a product, we expect its designers, manufacturers, and distributors have ensured the product is safe for use. Unfortunately, flaws in design, production, and marketing of a product can cause consumer injuries and illness. According to official estimates, approximately half of all emergency room patients are admitted for consumer-product related injuries. If you or a loved one has been injured by a consumer product, a Las Vegas product liability lawsuit can help you seek compensation for your losses and suffering.

Recent Cases:

$7.2 Million
Product Liability
Spinal Injury

$1.5 Million
Product Liability
Tire Failure Spinal Injury

A Las Vegas product liability claim may be appropriate for injuries caused by a wide range of products including, but not limited to:

  • medical devices
  • prescription drugs
  • toxic materials
  • industrial products
  • food
  • vehicles,
  • baby products
  • many more

General Info - Las Vegas Product Liability

Any liable party in the “production chain” can be held liable in a Las Vegas product liability lawsuit. This includes the product’s designer, manufacturer, wholesaler, distributor, seller, or repairer. Our competent team of Las Vegas product liability attorneys will ensure no detail is overlooked when determining liability for your product-related injuries.

The “reasonably dangerous” standard is applied in most Las Vegas product liability cases. In laymen’s terms, this means the injured party must prove the product was “reasonably dangerous” for its intended use. This is proven by showing the product’s risks outweighed its intended benefits. If so, the product may be deemed “defective”. Defectiveness may also be established by proving that the product’s actual safety and effectiveness did not meet reasonable consumer expectations.

There are three general ways to establish liability in a Las Vegas product liability lawsuit

1. Negligence. Under these legal grounds, the injured party claims the defendant’s negligence (inaction/failure) was responsible for their product-related injuries. For example, a manufacturer can be held liable if they fail to adequately warn consumers about a product’s risks. A product designer can be culpable if they failed to ensure the product’s design met consumer safety standards.

2. Strict liability. Using strict liability, the injured party only has to prove that the product was reasonably dangerous for its intended use. Even if the defendant took all precautions to prevent consumer injury, they can be held responsible for any injuries caused by the product. This argument is often applied in cases where the product carried a known danger. For example, a circus owner can be held liable if one of his lions attacks someone during a performance, even if the owner took every precaution to ensure the safety of the audience.

3. Breech of Contract. Through breech of contract, the injured party argues the defendant violated the terms of a product guarantee, labeling information, or other statements. For example, if a warrantee says a tire is good for 50,000 miles under certain conditions, and it goes flat at 40,000 miles, the tire manufacturer can be held accountable.

If you or a loved one has been seriously injured by a defective product, we would like the opportunity to help you receive the compensation you deserve. Our qualified and experienced attorneys can evaluate your case to determine the best way to protect your interests in a Las Vegas product liability lawsuit. Please contact us today to learn more about your legal rights and options.

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Benson, Bertoldo, Baker & Carter

Las Vegas Office
7408 West Sahara Ave
Las Vegas, Nevada 89117
Tel: 702-228-2600
Fax: 702-228-2333

Henderson Office
375 N. Stephanie St, Building 8
Henderson, Nevada 89014
Tel: 702-649-2600
Fax: 702-657-1107