Las Vegas Product Liability Lawyer
Table Of Contents
- Product Liability Or Defective Products
- Understanding Product Liability Law In Las Vegas
- Meet Our Leading Product Liability Lawyers
- Standing Up For Injured Consumers In Las Vegas
- Client Testimonials
- Overview Of Product Defect Types
- Defenses That May Be Asserted In Products Liability Cases
- Exploding Products & Associated Risks
- Design And Manufacturing Issues In Defective Products
- Inadequate Warnings & Failure To Warn Claims
- Proving A Product Liability Claim
- Las Vegas Product Liability FAQs
- Important Legal Cases In Nevada Product Liability Law
- Consult Our Las Vegas Product Liability Lawyers Today
- Read More On Product Liability In Our Blog
- Locate Us
Product Liability Or Defective Products
People in Las Vegas use numerous products each day, whether you drive a car, use electrical products, home appliances, or play games with your children. Most consumer products comply with safety regulations and are safe for their intended uses. Sometimes, however, consumers suffer serious injuries when defective or dangerous products hit the shelves.
If you suffered injuries from a poorly manufactured product, defectively designed product, or a product that does not contain proper warnings, contact the Las Vegas product liability attorneys at Benson & Bingham Accident Injury Lawyers, LLC today. As your attorney for negligence cases in LV, they are equipped to handle the complexities of product liability and can help ensure that your rights are protected. Product liability is a complex area of law involving many legal principles, including strict liability, negligence, warranty claims, mass torts, and more. Injury victims often face large manufacturing corporations with corporate insurers and legal teams working to prevent liability.
Understanding Product Liability Law In Las Vegas
How Can You Prove Liability In A Product Liability Case
Proving liability in a product liability case can be challenging. Between determining which type of product defect you experienced, proving liability, and presenting the evidence, the process is complex. Because of this, having a skilled lawyer on your case is imperative. Your lawyer will determine if the product was defective by design, if it was defective through the production process, or if there were valid warnings on the product. With this information and more your lawyer can build a successful case to win you the compensation you deserve.
What Damages Can You Pursue In a Product Liability Injury Case
The damages you can seek for after an injury from a product include both tangible losses and intangible ones. Tangible losses include medical expenses, lost wages, property damage, and more. Intangible losses include pain and suffering, emotional distress, and loss of enjoyment of life. In both of these cases, you can pursue compensation. Schedule a free consultation with our lawyers who can walk you through what damages you can claim to ensure you get the compensation you deserve.
The Nevada Statute Of Limitations For Defective Product Claims
Nevada’s statute of limitations for defective product claims is four years from the date of the injury. However, in some cases the injuries are not obvious right away and our clients discover the effects months or even years later. In these circumstances, the statute of limitations begins when the injured party discovers the injury is related to the defective product or reasonably should have known about the connection. If you are unsure whether or not your statute of limitations is up for your injury, reach out to our law firm and we will help determine if you still have a case.
Determining Responsibility For Product-Related Injuries
When you have sustained product-related injuries, there could be multiple different parties potentially responsible. If the product was designed poorly or defective upon production, the manufacturer might hold the responsibility. If a certain component on the product was defective, such as a faulty battery, a parts supplier could be held responsible. Or maybe a company handled the product before you bought it and it became defective during that time, then the retailer or wholesaler could be held responsible. Determining responsibility is challenging, but a skilled lawyer knows what steps need to be taken to ensure those responsible are held accountable.
How Can Our Product Liability Attorneys Help
Having a product liability attorney on your side during a product liability case is essential to get the maximum amount of compensation. Our lawyers will begin by evaluating your case to determine whether or not it is a valid claim. They will gather the evidence, negotiate with insurance companies, and file a lawsuit if a fair settlement is unable to be reached. Our goal is to make sure you receive the compensation you deserve for your medical costs, lost wages, pain, suffering, and more.
What Are The Costs Of Filing A Product Liability Lawsuit
The exact amount for filing a product liability lawsuit will vary depending on your particular circumstances. If it is a complex case, a lot of evidence is required, or the legal strategy is involved, the costs could be higher. Generally, you will be looking at paying fees for your attorney, court costs and filing fees, expert witness fees, product testing and analysis fees, and trial costs, if the case goes to court. When and how you pay these costs varies, however Benson & Bingham work on a contigency basis, so you will be charged nothing up front if we accept your claim. If you’re interested in knowing if you have a products’ liability claim, schedule a consultation and we will give you a breakdown of costs so you know exactly what you’re facing before we begin.
Meet Our Leading Product Liability Lawyers
Joseph L. Benson II, Esq.
A drunk driver critically injured my brother in high school, and that experience helped me want to help others. The law is unique and often not clear cut–many times the facts fall in the gray area—so it takes a creative mind to find solutions and a liability hook to make a case valuable. Turning a case that looked like a loser into a winning one is the best.
Ben Bingham, Esq.
My journey in the practice of law is a story of a childhood dream realized through dedication, hard work, and an unwavering belief in the power of justice. It’s a narrative about turning aspirations into achievements and highlights the impact one can have when they’re driven by passion and guided by integrity.
25 Years Of Experience
In Las Vegas Personal Injury Law
Standing Up For Injured Consumers In Las Vegas
Latest Settlements For Benson & Bingham Related To Product Liability:
Benson & Bingham Accident Injury Lawyers, LLC has demonstrated a commitment to the Las Vegas community since 2004, recovering more than $600 million for injured clients.
Some product liability cases we handled resulted in:
$3,300,000.00 Defective Product / Auto Injury
$3,300,000.00 Product’s Liability Loss Of Eye
$2,100,000.00 Product Liability
Client Testimonials
Never had an accident before and insurance was being difficult. Found Benson and Bingham top rated here… Definitely made the right choice. They did everything from the moment I called. They kept me posted the whole time and worked extensively with doctors to get me sorted out. I will recommend them to everyone I know!
Tj Hazelwood ★★★★★
I absolutely recommend Benson and Bingham accident injury Lawyers! I had a motorcycle accident and they have been very attentive and professional with my injury case. They were very professional and helpful to me. I really appreciate and definitely recommend them! Thank you for all your help!
Chad Harris ★★★★★
I am grateful for the experienced attorneys and staff at Benson & Bingham! They maintained consistent communication with me and got a wonderful result for my family. If I ever get into another accident, I know who to call, Benson & Bingham!
James Gibson ★★★★★
Overview Of Product Defect Types
Defective Product Design
Something about the product’s design makes it inherently unsafe.
- The product had a defect;
- The defect existed when it left the defendant’s possession; and,
- The defect caused the plaintiff’s injury
Manufacturing Defects
The product deviates from its intended design and is unsafe. These defects are usually one offs—one or two items were defective. i.e. a cookie had a metal piece broken off from baking equipment that caused that cookie to be harmful.
Breach of Warranty
Express Warranty: A specific promise or statement made by the seller about the product that proves false.
Implied Warranty: Something that is implied through law.
Warranty of Merchantability: The product must be fit for its ordinary use.
Warranty of Fitness for a Particular Purpose: If a seller knows the buyer’s specific purpose, the product must be suitable for that purpose.
Often attorneys will plead all of these in the Complaint depending on the facts.
Marketing & Labeling Errors
Marketing and labeling errors involve failures to give proper warnings about a product, to provide instructions, or to give an accurate representation. Situations could look like a medication that does not warn about certain severe side effects. It could be a power tool that lacks instructions for assembly causing improper use. Or it might be an e-cigarette defect that results in serious injuries, as seen in a recent case involving a rural Nevada teen.
Defenses That May Be Asserted In Products Liability Cases
- The plaintiff misused the product in an unforeseeable way.
- The product was substantially altered after leaving the defendant’s control.
- Comparative negligence (the plaintiff’s actions contributed to their injury).
- Assumption of Risk—Plaintiff assumed the risk of using the product knowing it was defective.
Nevada follows a comparative negligence doctrine. A plaintiff’s recovery may be reduced by their percentage of fault, but they can still recover damages unless they are more than 50% at fault. Sellers can be liable even if they did not manufacture the product, as Nevada allows claims against any party in the product’s distribution chain.
Exploding Products & Associated Risks
When you use a product, you likely don’t expect it to explode. Such product explosions can cause severe injuries, including burns, puncture wounds, shrapnel wounds, toxic exposure, brain injuries, and more. Certain household products have been linked to dangerous explosions, such as Pam cooking spray incidents, leading to serious injuries for unsuspecting consumers. Some products that might explode due to defects include:
- Tires
- Pressure cookers
- Air fryers
- Hot kettles
- Pool equipment
- Chemicals
If a product explodes, you want to learn what caused the explosion to know your legal rights if you suffered injuries. Our firm has advanced technology to investigate exploding products and prove when manufacturers should be accountable.
Design And Manufacturing Issues In Defective Products
Any product can malfunction due to wear and tear, but some malfunctions happen due to inherent defects of the product. These include:
Design defects: The initial design for the product or an improvement is defective, which means all products stemming from the design will be defective.
Manufacturing defects: The design is fine, but errors in the manufacturing process cause a defect, which might exist in one or several batches of the product.
Inadequate Warnings & Failure To Warn Claims
Inadequate warnings or instructions make the product dangerous. Typically, only one or two of these will be pled together. Defective Design is more common, as is a failure to warn—bad font, signage, or consumer labeling.
The Supreme Court of Nevada has relevant rulings as to case law applicable to Failure to Warn and issued guidelines for determining those failures.
Oak Grove Investors v. Bell & Gossett Co., 99 Nev. 616, 668 P.2d 1075 (1983):
This case highlighted that a manufacturer has a duty to provide adequate warnings if a product has a dangerous condition that is not obvious to the user.
The court emphasized that warnings should be clear and reasonably calculated to inform the user of potential dangers.
Allied Signal, Inc. v. Est. of McGinnis, 128 Nev. 289, 283 P.3d 274 (2012):
Addressed failure-to-warn claims and emphasized the importance of evaluating the adequacy of the warning based on the product’s intended use and foreseeable misuse. The court noted that whether a warning was conspicuous enough is typically a question for the jury.
Rivera v. Philip Morris, Inc., 125 Nev. 185, 209 P.3d 271 (2009):
Although primarily about cigarette labeling, this case highlighted that warnings must adequately inform users of risks in a manner likely to be noticed and understood.
The court discussed that compliance with federal standards (e.g., regarding font size and placement) might not absolve a manufacturer from state law liability if the warnings were otherwise inadequate.
McCourt v. J.C. Penney Co., 103 Nev. 101, 734 P.2d 696 (1987): Addressed the duty to warn in the context of product misuse. The court held that warnings must be sufficient to address foreseeable misuse of the product and the associated dangers.
Font Sizes, Labeling, and Specificity:
Nevada courts often refer to federal standards (e.g., Consumer Product Safety Commission guidelines) for guidance on font size and labeling requirements, though compliance with federal standards does not necessarily shield a manufacturer from liability.
Warnings that are buried in manuals, use overly small fonts or are otherwise inconspicuous may be deemed inadequate.
Product Labels should:
Use a large enough font to ensure readability.
Include contrasting colors (e.g., black text on a yellow or red background) for visibility.
Be placed on the product itself if feasible, not just in supplemental materials.
Proving A Product Liability Claim
Most product liability cases involve strict liability. This means the injury victim does not need to prove the specific type of negligence that led to their injuries. They must prove that they used a product as intended and, due to a defect or unreasonable risk, they suffered injuries.
Evidence in product liability claims is technical, and you need a lawyer to decipher the evidence and present it persuasively. Expect companies and insurance companies to put up a fight, so be ready with a legal advocate who can stand up for your rights as an injury victim.
Las Vegas Product Liability FAQs
Can A Defective Vehicle Lead To A Serious Accident?
Yes, many defective vehicles cause crashes and injuries. Defects might include a tire with tread separation, failing brakes, defective airbags, malfunctioning ignition switches, and more.
Is Hiring A Lawyer Necessary For Every Product Liability Case?
Yes, having a lawyer is critical. Even though product liability claims often involve strict liability, and a product defect might seem obvious to you, many complex and technical issues can arise. You should focus on recovering your physical health and allow a product liability attorney to focus on the legal case.
What Happens When A Defective Product Causes Widespread Injuries?
When widely sold products cause similar injuries to numerous consumers, such as Zantac users who developed cancer or Juul users who experienced nicotine addiction, legal actions like class actions or mass torts may be appropriate. Our lawyers will assess your situation to determine the best course of action.
How Do I File A Product Liability Case For Damages?
The very first step you should take is to reach out to our attorneys for a free consultation. From there, gather the evidence that you have and present it to help our attorneys determine who might be responsible and what type of liability it was. Our lawyers will walk you through every step to ensure you get the compensation you deserve.
What Key Evidence Is Needed To Support A Product Liability Claim?
Make sure you keep the defective product and do not make any changes to it. Keep all of your medical records related to the injury from the product. Keep your purchase receipt of the product. Take photos of the product, injury, and anything else related to the incident. With this evidence and more, you can build a successful case.
Can A Product Recall Strengthen A Product Liability Case?
Yes it can! While a product recall is not necessary for a successful product liability case, it can add strength to your argument. The recall is proof that there is a defect. Regardless of whether the recall occurs before or after your incident, it can be beneficial for your case.
How Can Consumers Protect Themselves Against Defective Products?
Look over product reviews before you purchase a product. Does it have any reports of safety concerns? Look for the necessary safety certifications such as UL, FDA, CPSC, or ASTM. If you purchase a product, inspect it before you use it and make sure when you use it, you use it as it is intended.
Can I Seek Compensation For Emotional Distress From A Defective Product Injury?
Yes you can. As a part of our work, our attorneys will look at all of the effects of the injury, such as medical expenses, lost wages, pain and suffering, and emotional distress. Using medical documentation, expert testimony, and more evidence, we will ensure you get the compensation you deserve for emotional harm.
How Long Does A Product Liability Case Take To Resolve?
How long a product liability case takes depends on many factors and can take anywhere from a few months to a few years. More severe injuries may take longer. If your lawyer and the insurance company is able to reach a fair settlement, the process could be rather quick. Our lawyers can take a look at your circumstances and give you a time estimate on your particular case.
Can I File A Claim Against A Foreign Manufacturer?
You can file a claim against a foreign manufacturer, but the process can be even more complex with extra legal considerations. If you were harmed by a product made by a foreign manufacturer, contact our law firm to find out how we can ensure you are compensated.
Important Legal Cases In Nevada Product Liability Law
Ginnis v. Mapes Hotel Corp., 86 Nev. 408, 470 P.2d 135 (1970)
Established strict liability in Nevada for defective products. The Nevada Supreme Court adopted the doctrine of strict liability as set forth in the Restatement (Second) of Torts § 402A. Here, the plaintiff was injured when a coffee pot exploded. The court held the hotel strictly liable as part of the product’s chain of distribution.
Allison v. Merck & Co., 110 Nev. 762, 878 P.2d 948 (1994)
Held the learned intermediary doctrine in pharmaceutical product liability cases. Held that manufacturers of prescription drugs fulfill their duty to warn by adequately warning the prescribing physician, not the patient. Here, Allison alleged failure to warn about risks associated with a drug. The court affirmed the doctrine’s application.
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Robinson v. G.G.C., Inc., 107 Nev. 135, 808 P.2d 522 (1991)
Affirmed that both manufacturers and sellers in the chain of distribution can be held liable for defective products. Sellers can be liable even without actual negligence or direct involvement in manufacturing. The plaintiff was injured by a defective product sold by a retailer. The court confirmed the retailer could be held liable under strict liability.
Fyssakis v. Knight Equipment Corp., 108 Nev. 212, 826 P.2d 570 (1992)
Clarified the application of comparative negligence in product liability claims. Comparative negligence does not bar recovery unless the plaintiff’s fault exceeds 50%. The plaintiff’s misuse of the product was evaluated, but the court allowed recovery, reduced by the plaintiff’s degree of fault.
Ford Motor Co. v. Trejo, 133 Nev. 520, 402 P.3d 649 (2017).
Emphasized that manufacturers can be liable for design defects if the product was used in a reasonably foreseeable manner but caused harm. The court clarified the scope of the consumer expectation test versus the risk-utility test for evaluating defects. The case involved allegations of a design defect in a Ford vehicle that resulted in an accident and injury.
*** This case reinforced that the consumer expectation test applies to evaluate design defects—this is a key element to Nevada case law on how juries must evaluate the defect. The Nevada Supreme Court clarified that the test focuses on: whether the product performs as safely as an ordinary consumer would expect under normal or foreseeable use conditions?
Allied Signal, Inc. v. Est. of McGinnis, 128 Nev. 289, 283 P.3d 274 (2012):
The court emphasized that consumer expectations are based on the reasonable perceptions of the product’s safety, not on technical or expert assessments. This clarification is a big reason why Nevada has great law on proving product’s cases from a jury perspective. Its as simple as asking, “Is this the result the consumer would expect from using the product?”
Calloway v. City of Reno, 116 Nev. 250, 993 P.2d 1259 (2000)
This case addressed the interplay between product liability and construction defects. Held that strict liability generally does not apply to buildings or improvements to real property. The plaintiffs sought to hold a contractor strictly liable for a defective truss. The court found strict liability inapplicable to the construction industry.
Rivera v. Philip Morris, Inc., 125 Nev. 185, 209 P.3d 271 (2009)
Discussed claims of failure to warn and defective design in the context of tobacco products. Highlighted the importance of showing causation between the defect and the plaintiff’s injury. The court evaluated whether the manufacturer’s warnings were sufficient and if the product was inherently defective.
Consult Our Las Vegas Product Liability Lawyers Today
Did you suffer injuries due to a defective or dangerous product? If so, you need the right Las Vegas product liability law firm on your side. The legal team of Benson & Bingham Accident Injury Lawyers, LLC, has the resources to take on large corporations, and we can assess your rights and options. Whether you have an individual product liability claim, class action, or mass torts case, we can help.
You can reach Benson & Bingham Accident Injury Lawyers, LLC, at (702) 382-9797 or you can contact us for your free case review.
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