Products liability references the legal responsibility of all parties in the chain of manufacture of a product for any damage, injury, or loss ultimately caused by that product due to some sort of defect, according to Cornell Law School. Each year in the state of Nevada, many individuals are injured because of defective products.
If you, or a loved one, have been injured because of a defective product, you need to understand your basic rights. You need to have a general grasp of the basic elements of products liability law in Nevada. You also need to recognize the importance of retaining skilled, qualified legal representation in a products liability case.
Establishing Legal Liability in a Products Liability Case
There are four elements associated with establishing legal liability in a personal injury case, including one for products liability, according to the American Bar Association. The first element in a products liability case is demonstrating a legal duty of care. For example, the manufacturer of a product has a duty of care to ensure that it is reasonable safe.
The second element of a products liability claim is demonstrating a breach of the duty of care. A poorly designed product could constitute a breach of the duty of care. Third, proximate cause must be established. Proximate cause is the legal term for the breach of the legal duty being the actual and legal cause of the incident that gave rise to damages, injuries, or losses. Finally, the defective product and the accident must have resulted in actual damages, injuries, or losses.
Potential Responsible Parties in a Products Liability Case
There can be multiple responsible parties in a typical Nevada products liability case. These include the manufacturer of the product itself or the manufacturer of a part or component associated with the product. The retailer who sold the product could be a responsible party.
The designer of the product could be responsible, as could an entity involved in shipping or transporting the product. The specific facts and circumstances surrounding an accident, and the chain of events associated with the manufacture, distribution, and sale of the product are key to identifying all potentially responsible parties in a products liability case.
Compensation in a Products Liability Case
Compensation in a products liability case depends on the circumstances of the accident together with the nature and extent of injuries and other damages. With that said, compensation typically is sought for losses that include pain and suffering as well as medical bills and expenses. Other compensable losses might include loss income and mental anguish.
Retain a Skilled Nevada Products Liability Lawyer
If you, or a loved one, has been injured as the result of a defective product, you best protect your vital legal interests by promptly consulting with an experienced Vegas product liability attorney. As a matter of practice, a products liability lawyer does not charge a fee for an initial appointment about your case.
During an initial consultation, a qualified lawyer provides an evaluation of your case. In addition, you have the opportunity to ask questions about products liability claims and lawsuits.Read More