Las Vegas Defective Products Attorney
Holding Manufacturers Accountable Under Nevada Strict Liability Law
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Table Of Contents
What Constitutes a Defective Product Under Nevada Law?
Defective products can cause serious injuries leading to years of pain and hefty medical bills. There are three main ways a product can be legally defective under Nevada law. The first is if there was a design defect. In this case, a product can be manufactured perfectly, but if the design is unsafe, it is deemed a defective product. This often affects many products. The second is if there was a fault in the manufacturing process. This could mean that the design was correct, but a problem occurred during manufacturing and it was not caught. This will affect a specific product or a batch of products. The last possible defect is a failure to warn. If there is a non-obvious danger, there needs to be adequate warnings or instructions. If this is not present and an injury occurred because of it, a valid personal injury case could commence.
In any of these situations, it can be helpful to have a personal injury attorney on your case. They can evaluate the situation and determine which type of defect was present and counsel you on how to proceed. At Goldberg Injury Law, it is our goal to protect your rights and ensure maximum compensation for your case. Contact us today to get started with a free consultation.
Proving Your Case Under Nevada Strict Liability Precedent
How “Foreseeable Use” Impacts Your Settlement
Products must be safe for any “foreseeable use” meaning predictable real-world behavior. If you are injured while using the product in a way that was expected, you likely will have a stronger case, earlier settlement, and higher compensation.
Crucial First Steps: Preserving the Defective Product and Chain of Custody
It is absolutely essential to preserve the product that caused the injury. It will be important evidence for your case. After an injury, you should write down everything that happened and keep a log of who handles the product.
The Chain of Distribution: Who is Liable for Your Injuries?
You and your lawyer will work out who is liable for your injuries to determine who to sue. The chain of distribution is the manufacturer, components manufacturer, distributor, and retailer. Any of these parties can be liable for your injuries.
The Role of the CPSC and FDA in Your Defective Product Claim
The CPSC and FDA can play a helpful role in your defective product claim. They send out recalls and gather complaints and prior incident documentation that could add reliability to your claim. While they don’t play a direct role, they can be a helpful resource.
The Three Types of Actionable Defects in Nevada
When you are injured from a defective product, there are three possible defects. First is the design defect which means that the product has an issue tracing back to the design. The second is a manufacturing defect which will only affect a batch of products. The third is a failure to warn. This defect means that the creator was aware of a non-obvious danger and did not provide instructions or warnings. All three of these defects can cause serious injury so be sure to contact our lawyers for rights protection and legal help!
Manufacturing Defects
Design Defects
Marketing Defects (Failure to Warn)
Defective Product Cases We Litigate in Nevada
Dangerous Pharmaceuticals and Medical Devices
If you have experienced an injury at the hand of a defective drug or medical device, you need the help of a skilled lawyer to ensure you get the compensation you deserve for this serious case. Contact us today for help!!
Defective Auto Parts (Airbags, Tires, Brakes)
Car accidents cause serious injuries, especially if your injury was a result of defective airbags, tires, or brakes. After a car accident, reach out to our lawyers and we will investigate what happened and give you a path forward.
Faulty Consumer Goods and Electronics
Faulty consumer goods and electronics can cause injury and be subject to insurance companies deferring blame. Make sure you are not given more liability than you deserve by hiring our lawyers at Goldberg Injury Law to be on your side!
Unsafe Children’s Products and Toys
There are strict rules when it comes to children’s toys and products. If you or your child has experienced an injury at the hands of a defective product, reach out to our team immediately to get started on a product claim!
Heavy Machinery and Industrial Equipment
When you are operating heavy machinery or industrial equipment, you are putting your trust in the safety of the large equipment. Defective machines can cause serious injury and we can help! Don’t face your claim alone!
Construction Equipment and Scissor Lift Defects
Whether you’re filing a workplace compensation claim or a personal injury claim for an injury related to construction equipment or scissor lift defects, we can help. Our lawyers have years of experience and are prepared to fight aggressively for maximum compensation.
Our Clients’ Testimonials
5-Star Rated Representation in Las Vegas
I had an excellent experience working with Katie for my personal injury case. From the start, they were incredibly professional, compassionate, and attentive. They kept me informed every step of the way and worked tirelessly to get me a fair settlement. I felt genuinely supported throughout the process, and I highly recommend Katie to anyone in need of a dedicated personal injury attorney.
Alva Velasco ★★★★★
I had an incredible experience with Goldberg Injury Law, and I can’t thank Katie and the entire team enough for their dedication and support. From day one, Katie was professional, compassionate, and incredibly knowledgeable. She kept me informed every step of the way and fought hard to ensure I received the best possible outcome.
Mercedes Coco ★★★★★
I had a wonderful and quick experience with the Goldberg Team! Katie is an absolute sweetheart, and Estephany is so thorough and kind, even when I asked annoying questions lol I highly recommended Goldberg Injury Law for all of your personal injury needs 🙂
Jaclyn Morgan ★★★★★
Calculating Damages in a Nevada Product Liability Claims
Economic Damages (Medical Bills, Lost Wages)
After a personal injury, some of your most significant costs will be for medical bills. Damages like medical bills and lost wages are economic damages. They are financial losses and they tend to be easier to calculate since they often have records to back them up. Other economic damages include future medical expenses, and loss of earning capacity. When calculating amounts with your lawyer, be sure to provide bills, receipts, and pay stubs.
Non-Economic Damages (Pain, Suffering, Loss of Quality of Life)
Non-economic damages are not as easy to quantify, but are very important. These damages are the human impact of the injury. They include pain and suffering, emotional distress, loss of enjoyment of life, disfigurement or scarring, and loss of consortium. There are no specific documents to prove these damages so instead they are reliant on testimony, medical records, and expert opinions. Our lawyers have the tools and resources necessary to calculate with accuracy.
Punitive Damages for Gross Negligence
In cases where there was gross negligence or a crime connected with the injury, punitive damages might be awarded to you. These would be given through the court system and are outside of the personal injury claim. However, for gross negligence, our lawyers will represent you in court and ensure you get the compensation you deserve for the injuries that occurred after the distressing event. Contact us today to get started with a consultation!
Introducing Katie Goldberg, Founding Attorney
Your Trusted Advocate for Injury Trials
Katie Goldberg is the leader and founder of our top-rated law firm. She has established an environment of trust, confidentiality, and personalized care at her law firm. When you hire us, you receive Katie’s personal cell number, knowing you will get the care you need when you need it directly from your lawyer. Katie has an impressive background and years of experience handling many different personal injury cases of all severities. When you hire Goldberg Injury Law, you can be confident that you are getting some of the best legal help in the area.
Passion for Personal Injury Law
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Settlements & Verdicts by Goldberg Injury Law
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$2 Million Injury Settlement
$1.8 Million Injury Verdict
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Serving Product Liability Victims Throughout Clark County
6010 S. Rainbow Blvd., STE A1. Las Vegas, NV 89118
Frequently Asked Questions About Nevada Defective Product Law
What is The Statute of Limitations for Product Defects in Nevada?
The statute of limitations for product defect cases is generally 2 years from the date of the injury. However, if you have been injured, you should get the process started as soon as possible. The sooner you start, the more options you will have available to you. In some situations, if you are not aware of your injuries, the clock doesn’t start until you discover the injury. It can be helpful to consult with an attorney after an injury to see if you have a case and how to proceed.
Does It Matter if I Bought a Used Product?
There are nuances to injuries from used products. In some cases, you can still sue the manufacturer or the original distributor. Though, used products are often sold by private sellers and thrift stores which are protected from liability. In cases where there is negligence in manufacturing or distributing the product, you may have a case. Contact a lawyer to see what you can do after an injury.
What if The Product Was Modified After I Purchased It?
A modified product can significantly impact whether or not you can sue for injuries. Manufacturers can be held liable for product defects, but if a product is modified after it left their control, it can weaken a case significantly. In a case where the modification caused the injury, your case will likely not be considered. If the modification as well as a product defect caused an injury, then you may be able to sue under Nevada’s comparative fault system.
Can I Sue If The Defective Product Was Not Recalled?
Yes! You do not need a product to be recalled in order to sue. A recall can help your case by proving that the company is aware of the default, but if there is no recall you may still have a strong case. You will just have to prove it yourself. However, if you were given a recall notice and ignored it, it may be argued you assumed risk which could reduce your compensation.
Who Pays My Medical Bills While The Lawsuit Is Pending?
You will be originally responsible for medical bills until the lawsuit is complete and you are compensated. Your health insurance can cover the bills first or you can pay out of pocket. Some providers, however, will agree to treat you with the understanding that they will be paid later on through your settlement. Our law firm helps clients find the best way to handle these bills while the lawsuit is pending. We will find providers that allow liens and will help negotiate these liens down to increase your net payout.
How Long Does A Defective Product Lawsuit Take To Settle?
The time it takes to settle depends on the circumstances of your case. If the facts are clear and the injuries are not severe, it may conclude within 6-18 months. If litigation is necessary or the injuries are serious, it could take several years. Your lawyer can help you understand exactly how long your case may take based on your circumstances. Contact us at Goldberg Injury Law today for comprehensive help with your case!
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