When consumers purchase products, they reasonably expect that the products will function as promised. From time to time, products will be made and sold that are defective, even if the manufacturer is doing everything reasonably necessary to make safe products. When products are defective, there is a real possibility that people using them will get hurt. When people are injured by defective products, they can sue product manufacturers through a personal injury action to recover damages for their injuries.
Two Types of Product Manufacturer Liability
There are two main types of product manufacturer liability in product defect cases: manufacturing defects and design flaws or defects. A manufacturing defect is a defect in the product that the manufacturer did not intend to be in the product—that is to say, the product departed from its design.
A design flaw or defect involves a defect in how the product is designed to begin with, so every product is defective (not just those that depart from the design).
In these kinds of product defect, whether a manufacturer is negligence is irrelevant—we aren't measuring how careful they were to determine whether they should be liable—the law says they're liable just by virtue of putting a dangerous product in the market. It's what we call strict liability.
A product manufacturer can also be liable for negligence when it comes to defective products in Nevada. Using low quality or cheap materials, skimping on thorough safety testing, and using unskilled or unqualified workers to make the product can all be acts of negligence, which the manufacturer will be responsible for if someone gets hurt as a result.
Manufacturers also cannot misrepresent a product to consumers. They must comply with all state and federal safety standards, and they are responsible if they alter the specifications for the products that they are manufacturing outside the bounds of what is legal. All of these actions create liability and can produce defective products that are unsafe for use by consumers.
You do not have to be the person who purchased the defective product to bring a defective products claim against a product manufacturer. You may have grounds to sue if you merely used the defective product, or where given it, such as a gift. In fact, you do not even have to have been using the device when you were injured. If you were harmed by a defective product in any way, you need to speak with an experienced Nevada defective products lawyer immediately.
If you are planning to recover for injuries caused by a defective product, it is important that you do not try to repair the product. The defective product will serve as evidence in your personal injury lawsuit, so it is imperative that the product remain in the condition it was when you were injured by it.
If you have been harmed by a negligently designed or made defective product, the team at Parry & Pfau can help you prepare a personal injury action against the product’s manufacturer. We would be happy to offer you a free consultation to discuss your situation. Call us today.
(image courtesy of Jackson Jost)