Every day we use a host of products that we put our trust in, including the cars we drive, medical devices, children’s toys, home improvement tools, and even the medications that keep us healthy and well. Unfortunately, these products can have a multitude of defects that result in injuries to the user. The consequences of these defects are as broad as the products themselves, ranging from mere inconveniences to life-threatening situations.
If you have been injured by a product, call Valiente Mott to ensure your case is handled by a knowledgeable, experienced professional. Product liability cases are an exceptionally complex area of personal injury law. Our personal injury lawyers serving Las Vegas, NV can help and guide you from day one, negotiating on your behalf with insurance companies and giving you all the information you need to decide when a settlement offer is fair and when proceeding to litigation is right for you. Call our offices today to schedule a free consultation with a product liability lawyer who will always act according to your best interests.
Product Liability Explained
Product liability can be based on negligence, strict liability, or breach of warranty of fitness, depending on the jurisdiction.
- Negligence occurs when a duty, such as acting with reasonable care, is owed to an injured party, and the negligent party’s failure to perform their duty caused the injury;
- Strict liability is that a seller, distributor, or manufacturer of a particular product will be held liable for the injuries caused by their product regardless of any negligence on their part. This is often the case for hazardous products for which legislators want to encourage caution above and beyond what ordinarily would prevent a negligence lawsuit from succeeding; and
- Breach of warranty of fitness occurs when a buyer relies upon a seller’s representation in choosing the product for a specific purpose (warranty of fitness), and that product fails to perform. This warranty can be explicit or implied.
Nevada Product Liability Claims
The applicable law for product liability claims is determined by the state where the injury occurs. Speaking with a Las Vegas product liability lawyer or Reno product liability lawyer can help provide advice relevant to your jurisdiction if you are injured in Nevada.
Nevada’s law allows for punitive damages, though caps the damages at $300,000. Punitive damages are awarded against a party that acted particularly wrongfully, such as committing fraud or acting maliciously.
Nevada allows joint and several liability, which will allow an injured party to fully recover from any one of several at-fault parties. To illustrate — let’s say a product injures party A under circumstances that place liability on Party B, C, and D. Party A can recover the total amount from Party B, C, or D, or any combination thereof. As such, this statute is very beneficial for Plaintiffs in product liability cases if any one of several liable parties cannot cover their own share of the judgment or settlement.
Nevada also has no innocent seller statute. An innocent seller statute will protect a product distributor from liability caused by a product that the distributor sold, but did not design, manufacture, alter, or have reason to know that the product was defective. For example, should you pursue a product liability suit in a state with an innocent seller statute against Walmart, it would likely be unsuccessful, and you would need to pursue a claim against the manufacturer or other parties.
Since product liability cases are exceptionally complex, speaking with a knowledgeable, experienced Nevada product liability lawyer at our Las Vegas or Reno office can offer clarity and advise you on best next steps.
Utah Product Liability Claims
While Utah state law follows many of the general rules on product liability as Nevada, it has its own important differences.
Utah has what is known as a “heeding assumption” that Nevada does not. This assumes that, if adequate warning is given, it will be read and followed, or “heeded.” Under the heeding assumption, if an injured party can prove a product’s warning was defective, the burden shifts to the defendant to prove that the product’s defect did not cause the injury.
Additional differences are that Utah does have an innocent seller statute, and does not have joint and several liability. This limits the potential defendants and how compensation can be collected, but Utah does not cap punitive damages.
This difference in product liability law from state to state is just scraping the surface of how unique and complex product liability settlements and litigation can become. Speaking with a Salt Lake City product liability lawyer is highly recommended if you are considering your options after an injury in our state.
How a Product Liability Lawyer From Valiente Mott Can Help
As illustrated above, product liability claims require knowledge of not only product liability in general, but also the nuances of laws and procedures of a particular jurisdiction.
If a product has injured you or a loved one in Utah or Nevada, the product liability attorneys at Valiente Mott in Salt Lake City, Las Vegas, and Reno can help. Schedule a consultation with one of our experienced attorneys who can evaluate your case and provide an informed opinion on your potential compensation. Schedule a no-cost consultation today!
We would like to hear from you so we can provide you with a free evaluation. It’s always best to consult with a Product Liability Lawyer for any type of legal advice regarding your injuries.
Our product liability attorneys will even come to you for a free consultation. If you have a question or you are just not sure about putting together a case, let our law firm help with your concerns. No fee unless we win. Contact us today to get started.
