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It only takes one minor product defect to cause a major tragedy. Defective vehicle parts, medical equipment, and consumer products have led to thousands of injuries and deaths over the years. Injuries related to defective and dangerous products follow different legal procedures than other types of personal injury claims. Nevada’s product liability laws come into play, with specific deadlines and rules for filing. Come to the Las Vegas product defect attorneys at Claggett & Sykes Law Firm for help with these cases in Las Vegas.
Our product defect lawyers have significant experience handling defective product cases. In 2013, we secured a significant recovery for a victim of a defective product. Skyjack manufactured a certain type of scissor lift with a defect in the top guardrail. The rail separated from the lift when the plaintiff’s tool belt caught its underside while he was installing HVAC ductwork in a hotel. This defect caused our client to fall 22 feet, landing face-first on a concrete surface. Our client suffered severe injuries, with multiple broken bones and permanent traumatic brain damage. His damages were in the millions of dollars for past and future medical expenses.
Sean Claggett and his team filed claims against Skyjack and the equipment rental service, Ahern. An investigation uncovered that Skyjack never tested its guardrails in accordance with industry standards, and the company put incorrect decals on the scissor lift. The decals stated the company had tested the guardrails and that they complied with safety standards. Skyjack was also negligent by failing to recall thousands of defective lifts after it knew of the availability of an alternative design. Our firm not only received an award for the client – we also forced Skyjack to change the designs of its lifts, preventing the same accidents from happening in the future.
As consumers, we trust the products we use every to be safe, but a defect can turn any product – from kitchen appliances to car parts & other motor vehicle car parts – into a dangerous one. There are three major types of defects that may cause consumer injury:
Any one or combination of these defects can lead to serious injury or even death. Goods that consumers buy and use every day can become the focal points of product liability lawsuits. Most households contain thousands of consumer products, from electric devices to pieces of furniture. Defects in any of these items can ultimately cause personal injuries. This is the main way that product liability lawsuits differ from other personal injury suits. Instead of proving the product’s manufacturer or distributor was negligent, the plaintiff must show the item in question had a defect, and that this defect caused the accident. You can seek advice from a Las Vegas truck accident lawyer, Las Vegas car accident attorney or a Las Vegas motorcycle accident lawyer depending on what type of accident you were in.
Virtually any type of product can contain a dangerous defect. The nature of the item, however, can determine the associated risks for consumers. A defective vehicle part, for instance, could cause a deadly motor vehicle accident. Even something small, however, could cause serious injuries, such as a defective teapot leaking hot water and causing severe burn injuries. If you’ve been injured by any type of consumer product, consult with our attorneys.
Defects in medical equipment can be the difference between life and death. Patients count on medical devices such as pacemakers, stents, implants, and defibrillators to protect their lives and ensure their well-being. Any type of defect can make these items unsafe for use – worsening the patient’s prognosis and even resulting in wrongful death. There are a number of ongoing lawsuits against manufacturers and distributors for defective medical equipment. Current cases involve items such as:
Medical devices manufacturers must abide by high standards of care to prevent mistakes and defects. Breaching these standards can be disastrous. Patients can suffer serious injuries, pain and suffering, and excessive medical bills due to defective and faulty medical equipment. If any of these products or another piece of medical equipment caused your injuries or a loved one’s death because of a defect, contact an attorney right away. You may be eligible to join a class action or mass tort against the manufacturing company or another party.
Bad drugs are prominent areas of product liability law, with a long list of drugs that the Food and Drug Administration (FDA) has recalled or warned consumers against. Pharmaceutical lawsuits often hinge on one particular type of defect – improper marketing. Many suits allege that the drug’s manufacturer failed to warn of risks and side effects that the company knew or reasonably should have known about. This led to patients taking the drugs and having severe and even fatal side effects without warning. Drugs with current lawsuits against the manufacturers include:
There are hundreds of “bad drugs” with complaints against them, from antipsychotics to blood thinners. It is a drug manufacturer’s duty to abide by FDA standards while creating and distributing drugs. It must ensure its medications do not cause unreasonable risk of harm. Drugs must be free from manufacturing errors, design defects, and improper marketing. Otherwise, the manufacturer, distributor, or wholesaler may be responsible for damages that result from defective drugs. Keep in mind that FDA approval does not mean the drug is safe. Contact an attorney regarding any type of medication you believe has a defect that caused your injuries.
Many serious injuries occur right in the home. Appliances you trust around your household could flood your home, cause a fire, electrocute you, explode, give you chemical burns, or otherwise cause you harm. Appliance manufacturers must properly test their items before making them available to the public. Failure to conduct enough research on the item can lead to thousands of households installing dangerous and defective appliances. Defective fans, water heaters, HVAC systems, ovens, dishwashers, toasters, and other common appliances can end up in a hospital visit.
Fires are one of the most common problems with defective household appliances. Cooking and heating equipment, electronic devices, clothes dryers, home grills, and washing machines have all started structure fires in the past. The majority (50.8%) of house fires occur due to cooking, according to the U.S. Fire Administration. Another 10.8% are from heating, and 6.4% are from electrical malfunctions. Don’t assume a house fire or another type of harm that occurs at home is purely your fault. The product you were using may have a dangerous defect. Speak to an attorney to find out more.
Parents assume toys sold in stores are safe for the children that match the appropriate age range. Not all manufacturers take adequate care when designing, manufacturing, or marketing children’s toys. Some of the worst types of product liability cases are those involving injured children. Defects can range from an electrical toy that catches fire to a toy with a pull string that poses a strangulation hazard. The most common child injuries from defective toys are:
There were 25 total children’s toys recalled in 2016, according to the U.S. Consumer Product Safety Commission. Parents can keep up with the Consumer Product Safety Commission’s recall lists, which continuously update to include the latest children’s toy recalls. To pursue a lawsuit against a toy manufacturing company or distributor, the toy in question does not have to be on a recall list. If it has a defect that caused your child’s injury, you may have grounds for a claim.
In Las Vegas, injury victims must follow specific rules to pursue compensation for a defective product. Nevada’s product liability laws mandate why and when consumers can file lawsuits against manufacturers and other products. For instance, a plaintiff has four years from the date of the incident to file a product liability claim in Nevada.
Most product liability suits take the form of strict liability claims, where the manufacturer is responsible even without proof of negligence. Under the strict liability doctrine, a plaintiff must prove four main elements for a successful lawsuit:
A capable attorney in Las Vegas can help simplify your product liability claim. At Claggett & Sykes Law Firm, we take care of the paperwork so you can focus on healing. We’ll make sure you file your claim within the required timeframe and according to Nevada’s rules. You won’t have to worry about making a mistake that bars you from recovery.
The strict product liability rule protects consumers by increasing the odds of successful product liability lawsuits against major manufacturing companies and distributors. It simplifies claims by removing the requirement to prove negligence. If it is not possible to apply the strict product liability doctrine to your case, you may still have grounds to bring a claim based on negligence or breach of warranty.
Negligence means that the defendant failed to fulfill his or her duty of care and that this caused the injury in question. A manufacturing company, for example, has a legal duty to exercise care when it designs, creates and safety-tests new products. Manufacturers should take proper care in protecting consumer safety before releasing an item. Failing to do so is negligence if it results in harm to consumers. You or your attorney will have to prove negligence, however, to recover financial compensation through this type of lawsuit.
A breach of warranty claim argues that the manufacturing company or another defendant failed to fulfill a promise it gave to consumers, such as a guarantee that a product is safe for use or has been tested for safety. With a breach of warranty claim, the plaintiff must prove that the defendant made a promise or guarantee, failed to fulfill this promise, and that this caused the injury or harm in question. An experienced product liability lawyer can help you meet your burden of proof no matter which type of claim you have.
If you received a notice that you may be eligible to join a class-action lawsuit, consult with an attorney before joining or declining to join the action. A class action is an efficient way to have multiple complaints heard at the same time. In a class action, one or more plaintiffs bring a claim on behalf of the “class” – a group of plaintiffs with similar complaints against a shared defendant. Class actions are common in product liability law, as the same defect may apply to hundreds or thousands of products, resulting in a multitude of injured consumers.
Although a class action has benefits such as saving claimants the time and stress of individual lawsuits, the payout can be significantly less for each claimant. If a settlement or judgment award is won in a class-action lawsuit, all plaintiffs who opted in must share the financial award. Some class-action suits divide the award evenly, while others use a sliding scale based on the severity of each individual’s injuries. An individual lawsuit, however, allows the plaintiff to keep the full amount won. Before you opt in or opt out of a class action for a defective product, ask an attorney for advice about your unique situation.
Product defects can result in lifelong injuries or wrongful death, tearing a family apart. A defective seatbelt can permanently paralyze a car accident victim. A poorly designed water heater can explode, causing expensive property damage in a house fire. Even “minor” injuries from defective products can result in significant medical costs and lost wages. A product liability lawsuit may result in payment for all the damages a defective product caused you or a loved one.
A conversation with one of our attorneys can help you understand the value of your claim and how best to go about pursuing recovery. You may need to negotiate a settlement with a major insurance company or go up against more than one defendant. A lawyer can help. Get more information during a free, no-obligation case evaluation at Claggett & Sykes Law Firm. We’re experienced & dependable Las Vegas personal injury attorneys in Nevada.
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