Each of us uses thousands of products in the course of a day, many with the potential to cause harm. The tires on your car, your desk chair, the tools you use in your work, the food you eat, the stroller your child rides in — each of these products should be tested to ensure its safety. When these products are not safe and cause injuries, you have options for legal recourse. Speak with a Las Vegas product liability attorney at Harris & Harris Injury Lawyers to learn more about how you may be able to recover maximum compensation if a product defect caused your serious injury.
The most common types of product defects are design defects and manufacturing defects.
Product manufacturers are required to design products that are reasonably safe when used as intended. If a product’s initial design makes it unreasonably dangerous, the manufacturer can potentially be held financially responsible for injuries that occur.
To determine whether a product design is defective, Nevada courts employ a “consumer expectation” test. According to this standard, a product may be considered defective if the product did not perform as safely as an ordinary consumer would have expected it to, when using it as intended or misusing it in a reasonably foreseeable way.
A product’s design can be reasonably safe, then defects can unintentionally be created during the manufacturing or assembly process. When a poorly manufactured product is used as intended and causes injury, the manufacturer may be responsible for any damages.
Product manufacturing defects can occur, for example, if a manufacturer attempts to cut costs by using low-quality materials to build their products, or if the parts are not assembled correctly, due to a component being left out or damaged during production. Another potential manufacturing defect is contamination. Recalls for contaminated food are often in the news, as well as for prescription drugs, medical devices, and other products.
There are various types of products that can have design defects of manufacturing defects that result in a personal injury. Some of the most common product liability cases are due to the following:
Drugs for which drug recalls have been issued such as recent Tylenol and Motrin recalls and Abacavir and Acarbose tablet recalls.
Children’s toys and equipment including toys and furniture that contain toxins, cribs and bassinets with choking hazards, and strollers that collapse.
Manufacturers selling faulty car parts causing or contributing to accidents can be held liable (tire defects and tread separation, brake fires, steering failure, spontaneous acceleration). Some defective car parts don’t cause car accidents, but they contribute to injuries, such as defective airbags, seat belts, and seatback failures.
Medical products including pacemakers, defibrillators, surgical stents and the identified problem with DePuy hip replacements.
Contaminated foods such as lettuce contaminated with listeria, sprouts contaminated with salmonella or canned foods containing an unlisted ingredient can cause allergic reactions such as peanuts.
E-cigarettes have been reported to explode without warning and when not in use, resulting in very serious e-cigarette injuries.
Defective Consumer Products such as gas appliances that cause explosions and burn injuries, defective Recreational Equipment including bike helmets and boating equipment, and much more.
There are several entities that may be liable for any injuries caused by a defective product:
Compensation for injuries related to defective products generally fall into the following four categories:
This includes the costs for any hospital stays, surgeries, doctor’s visits, physical and occupational therapy, medication, medical equipment, ongoing treatment, etc.
Covers any income lost due to missing work because of your injuries, and potential income or benefits you will lose in the future. For instance, if your injury requires that you work fewer hours or in a job with lower pay than the position you had before the incident.
Compensates you for the pain caused by your injuries, as well as for the loss of the ability to participate in and enjoy activities that you used to engage in.
Your spouse and family can be compensated for the loss of your companionship, society, and services due to your injuries.
If you have been involved in a defective product accident, contact Harris & Harris Injury Lawyers online or call (702) 384-1414 or toll-free 1 (800) 393-2350. Our team of product liability lawyers have years of experience handling product liability cases that resulted in serious injuries. When you come to our law firm, a consultation with a personal injury attorney in Las Vegas is free.
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