- November 8 2023
- | Personal Injury
YOU DESERVE COMPENSATION FOR INJURIES CAUSED BY A DEFECTIVE PRODUCT
Discover Who Is Liable for Your Product Liability Injury
Every year, many people are injured by defective or harmful products. According to Forbes, in the United States, about 11.7 million people visited emergency rooms in 2021 due to the injuries they got from consumer products.
When a product causes a consumer any injury, the consumer has every right to hold someone accountable. So, who can be held responsible for product liability injuries? This blog will explain who should be held accountable by a product liability victim.
If your product liability claim is denied, our Leverty & Associates Law legal team can help. Call us at (775) 322-6636 (Reno) or (702) 507-0201 (Las Vegas).
Why Hire Leverty & Associates Law to Help With a Denied Product Liability Claim?
Making a case against big companies can seem intimidating. But at Leverty & Associates Law we work diligently to ensure that victims in cases like this will get everything they are legally entitled to after being injured by a consumer product. Our experience dealing with product defect cases has helped us develop effective strategies against these corporations.
Our team of experienced Reno and Las Vegas product liability attorneys can fight for your legal rights.
We will always put your needs first and provide legal assistance based on the peculiarities of your case. Contact us today at (775) 322-6636 (Reno) or (702) 507-0201 (Las Vegas) to schedule a free consultation.
What Is Product Liability?
Product liability refers to the legal responsibility of manufacturers, designers, distributors, and retailers for injuries or damages caused by their products. Under product liability law, manufacturers of a product have a responsibility, both legal and moral, to ensure the consumers of their product are safe when they use the product.
This liability is not restricted only to the manufacturers or sellers; it includes everyone who has anything to do with the item’s production and distribution. Despite the product liability law, some companies still fail to uphold the required safety standards, leaving unsuspecting consumers with flawed products that may cause grave injuries or even death.
When this happens, the consumer can file a product liability claim against those responsible, but product liability law is quite complex. As a victim, you must understand the product liability law because it determines who should be held accountable. Also, you can get the help of an experienced product liability lawyer.
Types of Product Defects
Although a product can have many kinds of defects that can cause grave harm or death to a consumer, the following are the most common:
This kind of flaw is quite common in product liability cases. It occurs when an error is made during manufacturing — for example, if a motorcycle manufacturer leaves out a piece at an assembly line. The error could also have occurred while manufacturing one part of the assembled product — for example, if a tire company provides a vehicle company with one or a batch of defective tires. In such situations, it’s crucial for individuals affected by these product defects to seek legal assistance from a qualified Reno motorcycle accident lawyer.
This defect occurs when the product is flawed from the beginning. It means that all the products of the same model, make, and design carry the same flaw. In this situation, these products are usually recalled no matter how much it will cost the company, as every consumer who uses the same product could be exposed to the same risk.
Breach of Warranty
Some products may come with implied or express warranties. Express warranties are written warranties that provide certain guarantees. They are like promises that come directly from the manufacturer. Implied warranties are guarantees that are not written down or explicitly spoken; instead, they are implied by law or circumstance.
At Leverty & Associates Law, we will help you determine who you should hold accountable for your product liability injuries.
The implied warranty assures that the product is fit for its purpose and meets its buyer’s expectations. For example, if you buy a phone, you will expect it to function when you first use it unless you were told it would not perform when you agreed to buy it. When a buyer is expressly or implicitly assured that a product is fit to be used and the assurance proves untrue, the warranty has been breached.
Marketing Defect: Improper or Lack of Warning
In the case of some products, eradicating all the risk of something going wrong is impossible. In situations like this, manufacturers are responsible for revealing the possible side effects or risks associated with using that particular product. If they do not disclose the potential dangers, it could be classified as a failure to warn and could give rise to a product liability claim in court.
How Can a Victim Prove a Product Liability Case?
Unlike a personal injury case, the victim does not need to prove that the other party acted out of negligence. This is where a Reno personal injury lawyer can provide crucial guidance. The doctrine of strict liability states that victims can prove their case and be victorious in court if they can show the problem with the defective product and how it injured them.
The victim also must prove that:
- They used the product the way they were supposed to.
- The product was flawed.
- The product’s defect caused them some type of injury.
- They can be compensated for the harm they endured.
Strict liability law protects the consumer. However, it also protects third-party retailers and some distributors. It protects casual, non-commercial sellers who just happened to have sold the product as part of their regular consumer operations. The law prevents them from being caught up in product liability claims.
Who Can Be Held Responsible for Product Liability Injuries?
When a victim wants to take legal action for injuries sustained from consuming a product, the first thing they ought to do is to know who to hold accountable for their damages. From the point of production to the moment the goods were purchased, many people and/or companies were likely involved; to help determine who to hold responsible, the victim has to look at the whole distribution chain, which includes:
- Manufacturer of the product
- Manufacturer of parts that are used in the making of the product
- Company or individuals involved in assembling the product
- The company or individual in charge of installing the product
- Distributors or wholesalers
Who Can be Held Responsible for Product Liability Injuries FAQs
The following are some frequently asked questions on product liability claims:
How Much Can I Receive as Compensation for a Product Liability Claim?
There is no fixed amount, as each case is determined on its merits. You can get from tens to hundreds of thousands of dollars to millions. It all depends on the kind of harm you suffered and the severity.
What Will My Compensation for a Product Liability Claim Cover?
You will receive economic and non-economic damages, typically covering medical expenses, lost wages, loss of earning capacity, pain, and suffering, etc.
Is It Important to Hire an Attorney for a Product Liability Case?
Hiring an experienced attorney is essential. Your lawyer will help you navigate the complexities of product liability cases, protect your rights, and build a strong case.
Get Help From Leverty & Associates Law
At Leverty & Associates Law, we have an impressive record of legal successes in obtaining compensation for clients who were victims of dangerous or defective products and whose claims were denied. If you need a trusted team of attorneys to help you in cases like these, we are the ones to call. Contact us at (775) 322-6636 (Reno) or (702) 507-0201 (Las Vegas); we offer free consultations.