Reno Product Liability Lawyer
Table Of Contents
- What Is Considered Product Liability?
- Understanding Product Liability Law In Reno
- Meet Our Top Product Liability Attorneys
- Why We’re Reno’s Best-Reviewed Defective Product Injury Lawyers
- Protecting Injured Consumers In Reno
- Client Testimonials
- Common Types Of Product Defects
- Legal Strategies For Contesting Product Liability Claims
- Exploding Products & Related Safety Risks
- Defective Product Design & Manufacturing
- Failure To Warn & Inadequate Labeling Claims
- Proving Fault In A Product Liability Case
- Reno Product Liability FAQs
- Significant Legal Cases In Nevada Product Liability Law
- Consult Our Reno Product Liability Lawyers Today
- Read More On Product Liability In Our Blog
- Locate Us
What Is Considered Product Liability?
When a company makes, distributes, or sells a product, they hold a certain amount of responsibility for injuries or damages caused by defects or other dangers. If a consumer is hurt or damages are caused by the defect, product liability claims can ensue against the responsible party. The injured party can claim compensation for their medical expenses, lost wages, or anything else the injury caused. There are three main types of defects: design, manufacturing, and failure to warn.
Design defects happen when the design of a product is faulty. This means the product was likely manufactured correctly, but the design itself was defective or dangerous. Manufacturing defects happen during the production process. The design could be safe, but something happened during production that caused a defect. Failure to warn happens when there are not adequate instructions or warnings on the product about the risks. The experienced Reno personal injury attorneys at Benson & Bingham Accident Injury Lawyers, LLC, are ready to guide you through the process of a product liability claim.
Understanding Product Liability Law In Reno
How To Establish Liability In A Defective Product Case
One of the first steps in establishing liability in a defective product case is to find a skilled lawyer to walk you through the process, ensure your rights are protected, and you receive the compensation you deserve. They may first determine whether the product was defective by original design or if it became defective in the production process. Once this is established, your lawyer can work on finding evidence to prove your case.
Nevada’s Statute Of Limitations For Product Liability Claims
The statute of limitations in Reno and the entire state of Nevada for a product liability claim is 4 years from the date of the incident. In some cases, however, our clients are not immediately aware of the connection between their injury and the defective product. In cases such as these, the statute of limitations starts on the day that the connection becomes apparent or reasonably should have been apparent.
What Damages Can You Pursue In a Product Liability Injury Case
You can claim both tangible losses as well as intangible damages in your product liability injury case. Although intangible losses are harder to prove, with a skilled lawyer, you are sure to be compensated for everything from lost wages and property damage to pain and suffering and emotional distress. Contact our law firm today to get started with your free consultation and get the compensation you deserve.
How Can Our Product Liability Attorneys Help
When you’re facing a product liability case, it is essential to have a skilled lawyer on your side who is aware of Nevada law and can ensure you get the compensation you deserve. Our lawyers will seek out the evidence and negotiate with insurance companies. If a fair settlement is not reached, they will file a lawsuit and work tirelessly to ensure you’re able to pay for your medical expenses and lost wages and that you’re fairly compensated for your pain and suffering.
Who Can Be Held Liable For Product-Related Injuries?
Products can go through many processes, all of which can lead to a defect. For instance, the defect may develop during production, in which case the manufacturer will be held responsible. In other cases, the defect could occur during the handling by a wholesaler. Or maybe a retailer sells a product knowing there is a defect, giving them responsibility. No matter who is responsible, our lawyers will get to the bottom of it and ensure they compensate you.
What Are The Legal Costs Of Pursuing A Product Liability Case
The costs for pursuing a product liability case vary depending on how complex the case is, how much evidence is required, and how involved the legal strategy will be. Our law firm provides a free consultation where we can go over the costs and fees associated with your specific case. Generally, the costs besides the attorney fees include court costs and filing fees, expert witness fees, product testing and analysis fees, and possibly more. However, Benson & Bingham works on a contigency fee basis so you pay nothing up front if we accept your claim. In many cases, the compensation we secure can help cover these fees making hiring an attorney well worth the investment.
Meet Our Top Product Liability Attorneys
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
Why We’re Reno’s Best-Reviewed Defective Product Injury Lawyers
Benson & Bingham Accident Injury Lawyers, LLC, is defining personal. There are no cookie cutter methods at our firm! Our deep care for our clients matched with our personalized approach to each case is why we so consistently obtain five star reviews. It’s our recipe for success, and it works!
Protecting Injured Consumers In Reno
Recent Product Liability Settlements By Benson & Bingham:
Benson & Bingham has been dedicated to Reno residents since 2004. We have a track record of success and have recovered over $600 million for our clients. As a result of our work, our cases have claimed the following:
$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 ★★★★★
Common Types Of Product Defects
Defective Product Design
When a product is going through production, it goes through a design process first. Even if designs are checked and rechecked, it is possible to have defects in a design, making it dangerous when used as intended. Design defects will affect an entire line of products instead of just one individual. Proving a defective design includes proving that the design flaw existed before it was sold, that you were using the product for its intended purpose, and that a safer alternative design was available, but not used.
Manufacturing Defects
Manufacturing defects typically occur when a product is made incorrectly before it is sold. The design is good, but the defect happened during the production process. This can happen if there is poor quality control, if defective materials are used, if the product was assembled incorrectly, or in the case of food, the item was contaminated. An example might be a ladder with a cracked rung when sold and collapses while being used correctly. If you believe your product has a manufacturing defect, do not tamper with the item and keep your receipt.
Warranty Breaches
Many products come with warranties that guarantee that a product is of good quality, safe, or performs a certain way. In some cases, if a warranty does not live up to the promise and causes injury, damage, or financial loss, a claim could be initiated. If you believe you have experienced a warranty breach with your product, reach out to our attorneys at Benson & Bingham for a free consultation to see how we can build your claim and take care of all the expenses you will be facing during this difficult time.
Labeling & Marketing Errors
A product can be safe in its design, manufactured correctly, and live up to its warranties, but if it does not have the correct labeling, or if it is marketed incorrectly and because of this, it causes harm, a claim could be made. These errors can happen if a company makes untrue or exaggerated claims about a product’s safety, effectiveness, or benefits. Or maybe there are dangers to using the product that are not obvious and clear on the labels. In order to prove there was a labeling or marketing error, you must use the product for its intended purpose.
Legal Strategies For Contesting Product Liability Claims
When a company is facing a product liability claim, they likely will try to pay as little as possible. There are several strategies they may use to contest your claim, especially if they feel it is unfair. The most straightforward defense is arguing that the product was not actually defective as you are stating. This strategy will take some expert testimony and other data to prove.
Another common strategy is to argue that the product was being used improperly. For instance if a power saw says clearly not to remove a safety guard, but the user removes the safety guard which causes an injury. Because of these possible contests and more, it is wise to have an attorney on your side fighting to ensure your expenses are covered due to the unfortunate incident and oversight of the manufacturer.
Exploding Products & Related Safety Risks
Exploding products cause serious injuries, property damage, and legal liability. Product liability law typically covers these circumstances when the explosion is a result of a manufacturing defect, design flaw, or inadequate warning. Common products that can explode include: batteries, electronics, aerosol cans, gas stoves, pressure cookers, airbags, fuel tanks, defective fireworks, chemical storage containers, industrial equipment, and more.
Exploding products can lead to severe burns, lacerations and fractures, electric shock, eye damage, hearing loss, property damage, fires, and more. If you need help looking over your situation and determining if you have a case for product liability, contact our law firm for a free consultation. Injuries from product defects can lead to high medical bills, a loss of wages, and more. Don’t wait to get help, contact us today.
Defective Product Design & Manufacturing
A defective design can result in a whole line of products that are potentially hazardous. Manufacturing defects happen during the production phase and can affect one or a group of products, but not the entire line. In either case, the defect means that even if the product is used correctly and as intended, it is inherently dangerous. The defective product can lead to serious harm for the user which can lead to hefty medical bills and more.
Failure To Warn & Inadequate Labeling Claims
Companies can design a great product and ensure thorough quality control, but still face product liability claims if there was a failure to warn or inadequate labeling. In these cases, the company failed to inform the consumer about certain risks or how to use a product safely. These situations can be challenging to prove and require the help of a skilled lawyer, but with the proper help, it is possible to be compensated for injuries due to this serious oversight.
A failure to warn claim can happen when a consumer is not informed about a danger of the product that they are using that is not obvious. In order for this to happen, the product must have inherent risks, even when used correctly. The risks must not be obvious to the consumer and the manufacturer knew or should have known about them. An example might be a prescription drug that does not have side effects listed.
Inadequate labeling can happen when there is insufficient or misleading instructions, warnings, or safety information on the packaging or documentation of a product. This could happen if a household cleaner that has toxic chemicals does not have a label stating the potential to cause severe skin burns. The label might be vague, unclear, or missing instructions. It could be hidden, small, or hard to read. Or it could have advertising that downplays the risks.
Warning labels, signs, and documentation can help Reno residents prevent harm when they use certain products. Consumers should make sure there are labels on their products so they are informed of the risks. Common products with warning labels include: household and cleaning products, medications, electrical appliances, power tools, vehicles, automotive products, foods, beverages, children’s toys, baby products, tobacco, alcohol, exercise equipment, supplements, and more.
When looking for the labels on your products, start by checking on the surface of the product itself. On cleaning products, look on the bottle label, back panel, or under caps. Check the patient leaflets for medications. Many appliances and power tools have warnings on cord tags, in the manuals, and on the product surface. Car manuals, inside the sun visor, or on a fuel cap are places you can find warnings for vehicles.
Packaging, labels, and instruction manuals should hold warnings and instructions for food, beverages, children’s toys, and baby products. If you smoke or drink alcohol, look at the packaging, bottle labels, or dispensary bags for the warning information. Sometimes exercise equipment has a sticker or user manual with instructions or warnings. Check your product thoroughly before using it to ensure adequate labeling.
In the event that you are harmed by a product that did not have effective warning labels or instructions, you are likely entitled to compensation for your injuries. To start with the process of a claim, reach out to a skilled product liability claims attorney for a free consultation. During the consultation, you will find out if you have a strong case and how to move forward with it.
Proving Fault In A Product Liability Case
Fault can be found with the manufacturer, distributor, or retailer of a product when it directly causes an injury due to a defect. Proving fault can be difficult, but is extremely possible with the right lawyer on your side. Your lawyer will evaluate your case and determine a path forward based on a few main legal methods: strict liability, negligence, and breach of warranty.
Proving strict liability is typically the easiest method and your lawyer will make sure your situation will fall into this category successfully. They will look to make sure that the product was defective, the defect existed before you bought it, you used the product as intended, and the defect directly impacted your injury. Proving negligence and proving a breach of warranty can be more difficult, but may be successful depending on your circumstances.
Reno Product Liability FAQs
What Types of Injuries can be Caused by a Defective Product?
Individuals can experience a very range of injuries depending on the type of product that was defective, how it was defective, and its intended purpose. For example, victims of a car accident from a defective auto part may experience traumatic brain injuries, fractures, soft tissue injuries, organ damage, internal bleeding, PTSD, and more. Defective drugs can cause heart dysfunction, breathing problems, liver complications, kidney damage, brain damage, and many other symptoms. Choking and burns are two other common injuries caused by defective products.
What Happens if a Defective Vehicle Causes a Car Accident?
The driver who was initially deemed at-fault for the accident may be relieved of responsibility once investigators discover that the accident was caused by a defective part, not a traffic violation or driver negligence. Victims may be able to seek damages from multiple parties, including the product manufacturer, the distributor, and the mechanic, depending on the circumstances. If the accident was the result of a poorly designed vehicle, the company who designed the vehicle may be liable for the sustained injuries. Ask your Reno product liability lawyer for guidance that applies to your situation.
Why Do I Need a Lawyer for a Product Liability Claim?
Product liability claims are almost always made against large corporations who have a tough legal team and extensive resources. Individuals who make their own claims are unlikely to be successful, or will receive a lowball offer that is far below the actual value of their case. An experienced lawyer will understand how to negotiate, what evidence is necessary to prove your case, and when it’s time to pursue litigation. If you are dealing with serious injuries or life changes as a result of your injuries, it can be almost impossible to manage a legal case or claim on your own. Call the trusted Reno defective product attorneys at Benson & Bingham for assistance!
What if a Product Causes Widespread Injuries to Several People?
One Reno product liability attorney can represent multiple clients who have been injured by the same product in one large lawsuit, known as a class action lawsuit. One or more plaintiffs will represent the entire group. After the case is settled, the group will split the proceeds equally among all of the participants. Class actions lawsuits are more common with pharmaceutical products, defective drugs, and medical equipment cases.
What are Mass Tort and Class Action Lawsuits in Product Liability Cases?
In mass tort lawsuits, individuals who have been injured by the same defective product will pursue compensation and settle their claim individually with the responsible party. In a class action lawsuit, one plaintiff will represent the entire group as one collective lawsuit. Both can be effective ways of holding liable parties responsible in product liability cases.
Does A Product Recall Strengthen My Product Liability Case?
Yes it can! Regardless of when the product recall occurs, before or after your incident, it can strengthen your case by proving the defectiveness of the product you used. You do not need a product recall for your case, but it certainly can add strength to it.
Is There a Time Limit to File a Product Liability Claim in Reno?
Nevada recognizes a four year statute of limitations from the date of the injury on product liability claims. However, it can take several months or longer to uncover evidence and build a strong case on behalf of a victim. Class action lawsuits may take longer due to the number of resources that are required to successfully handle the case. Although many product liability cases are settled outside of court, those that do move forward to litigation will require additional time to move through the court system. It’s always in a victim’s best interest to pursue a product liability claim as soon as possible because evidence tends to disappear over time.
Significant Legal Cases In Nevada Product Liability Law
Ford Motor Co v. Trejo (2017)
Ford Motor Company was sued over a vehicle design defect. The courts had to decide whether to use a risk-utility test or consumer expectation test to determine if the design was defective. Ford was pushing for a risk utility test, which required that the consumer has to prove cost-benefit analysis in order to move forward in proving a design defect. Ultimately the courts in Nevada reaffirmed that a consumer expectation test will be used so it is not so hard for consumers to sue over defects.
Real Water Litigation (2024)
Recently, AffinityLifestyles.com, Inc faced multiple lawsuits after their customers experienced liver damage from the bottled water of their “Real Water” brand. After some tests, it was discovered that the bottled water contained hydrazine, a chemical used in rocket fuel. $5.2 billion in damages were awarded to those affected. This case highlighted the importance of rigorous quality control and the severe consequences that can be faced for negligence in product safety.
More Cases
Robinson v. G.G.C., Inc. (1991)
A man named Robinson put his hand inside a cardboard baler and injured himself. This led to a lawsuit where the manufacturer argued that Robinson altered the machine after it was sold and so they were not liable. The court decided that manufacturers generally should not be held responsible for injuries caused by alteration or misuse by a consumer. However, they did deem that the manufacturer will remain liable if the alteration was insubstantial, foreseeable, or did not actually cause the injury.
Shoshone Coca-Cola Bottling Co. v. Dolinski (1966)
When consuming a bottle of Squirt soda, a man discovered a decomposed mouse inside. He got sick from the incident and sued the bottling company for the illness. This case was significant because it was the first one in Nevada to adopt strict product liability. The Manufacturer was held liable for the defective product even though they were not intentionally negligent. This set the stage for future product liability cases and created a basis for how they could be handled.
Maduike v. Agency Rent-A-Car (1998)
After renting a car from Rent-A-Car rental company, a customer was injured due to a defect in the vehicle. Instead of suing the vehicle manufacturer, the customer sued the rental company. As a result of this lawsuit, the state of Nevada decided that rental companies should be held strictly liable for any defects of a vehicle they rent out to consumers. This was a case in which the manufacturer wasn’t the only one held liable, but the supplier of a product as well. It extended the liability beyond manufacturers from then on.
Oak Grove Investors v. Bell & Gossett Co. (1987)
A hotel experienced significant water damage after a valve manufactured by Bell & Gossett Co. was found to be defective within their piping systems. Because of this, the hotel sued the manufacturer, asking for compensation for their losses, even though a personal injury did not occur. The courts decided in favor of the hotel. It was established that defective product liability could branch to economic losses, not just personal injury.
Rivera v. Philip Morris, Inc. (2009)
Rivera was a smoker who became ill from smoking. She argued that cigarettes were defective because they did not adequately warn her about the harms of smoking. She said she would have quit smoking if she was properly warned. Philip Morris argued that it was up to Rivera to prove that a warning label would have changed her behavior. The courts ruled in favor of Philip Morris. This made it harder for plaintiffs to win failure-to-warn cases without evidence their actions would have changed with a warning.
Allied Signal, Inc. v. Estate of McGinnis (2012)
This case involved a man, McGinnis, who died from cancer. His family said his cancer resulted from asbestos that was in products manufactured by Allied Signal. They sued Allied Signal for McGinnis’ death. The manufacturer argued that they should not be held responsible due to how long ago the products were sold and the lack of evidence proving the link to cancer. However, the courts ruled in favor of the McGinnis estate, defining how courts in Nevada view evidence and causation in product liability cases. It made it easier for plaintiffs to pursue claims.
Consult Our Reno Product Liability Lawyers Today
At Benson & Bingham, our attorneys have a strong track record of success. They have been bringing justice and the necessary compensation for decades, giving each of their clients peace of mind during their difficult journey to healing. Whether your injury resulted from a manufacturing defect or a defect caused by production, we will get you started through a free consultation. Reach out to our law firm today at 775-600-6000 and speak with our friendly representatives.
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