What to Do When A Defective Product Causes Injury

The Consumer Society

Over the past century the issue of protecting the consumer has gained significant support in all states through legislation and case law. It is now accepted that the consumer has the right to expect that products purchased are safe and usable without being harmed. This legal responsibility for manufacturers to protect has been extended to all participants in the process of delivering a product to the market, including:

  • Retailers
  • Distributors
  • Wholesalers
  • Manufacturers (including those making subcomponents)
  • Designers and inventors

When you buy a product you also have a right to expect that you will be warned about any potential dangers that come with using that item. If this warning is not provided, the manufacturer and other parties can be held responsible if you or others are injured while using the product.

The concept behind these laws is the idea that the manufacturer is in the best position to know of and prevent any product defects and dangers. That principle gives them the responsibility to keep those products from entering the marketplace. If they fail to exercise this care and diligence, the courts say they are liable for the damages their products cause. The legal terms used in these cases include negligence, strict liability, and breach of warranty. What these terms include are:

  • Products that are manufactured improperly. This situation includes the primary product and all of its components.
  • Flawed or improper design. Any design that fails to include proper consumer protection or fails to anticipate common dangers.
  • Lack of or inadequate warnings. What these warnings should entail will depend on the product and its intended or foreseeable uses by purchasers.

The potential damages that are considered to be part of a personal injury liability claim may include, but not be limited to:

  • Medical bills
  • Lost wages
  • Pain and suffering
  • Issues of short and long-term disability
  • Loss of life

While there is no federal product liability law, the concept is supported in the Uniform Commercial Code and the model product liability act published by the Department of Commerce in 1979. Nevada has extensive case law dealing with product liability issues.

If You are Injured

In the event you, a loved one, an employee, or a bystander is injured by a product you have purchased and are using, you must act promptly to protect your rights and those of the individuals injured. It is important to keep the product in your possession and to gather as much detail about the accident as possible.

An experienced personal injury lawyer will know how to properly investigate the situation. These professionals can provide the advice and guidance you need to pursue the right course of action.