Recently, a Las Vegas, Nevada woman was killed in a single-car accident when her Dodge pickup rolled over. According to the Las Vegas Metropolitan Police Report, the car accident appears to have occurred when the driver lost control while speeding. Though many may consider the case open and shut, in any car accident it is smart to have the car checked out for defects.
A car is considered a dangerous product. A consumer is required to use a dangerous product in a reasonable and foreseeable manner. If after doing so a consumer is then injured by the dangerous product, the dangerous product is considered defective. The consumer can then sue the manufacturers and distributors of the dangerous product. This is called a product liability lawsuit.
Generally, a defect in a dangerous product can be traced to one or more of three stages: 1) the design stage, 2) the manufacturing stage, and 3) the notice stage (when the consumer receives instructions or warnings about the product).
A design defect is a fundamental flaw in the dangerous product that makes using the product unsafe, even if the consumer uses it in the intended or a foreseeable manner. With a manufacturing defect, despite being properly designed or enacting adequate quality controls, the product is still built with a flaw. But even if the product is properly designed and manufactured, a product is defective if the manufacturer and/or distributors do not give the consumer adequate instructions on how to properly use the product or disclose unobvious dangers in the product.
State law typically governs product liability cases. However, state law can be preempted by federal law in certain situations. Under Nevada law, manufacturers and distributors face strict liability for product defects. This means that a consumer that is injured only has to prove the defective product caused the injury. That the manufacturer or distributor did nothing wrong, was not at fault, is not a defense to being liable for the injuries that occurred.
The commentary is for educational and commentary purposes only. If you or a loved one has been injured by a defective product in Las Vegas or Nevada, seek the advice of an experienced product liability attorney. Product liability cases can be complex, so an experienced product liability attorney can ensure you seek the proper compensation for any injuries, damage, pain and suffering, and wage loss under the applicable laws. Contact our office for a free confidential case review, and receive a response within hours. Call Toll Free 866-414-0400
The posts appearing in this blog are for informational purposes only, and should not be interpreted as providing legal advice, as each matter requires independent legal analysis. Unless otherwise noted, Parker Scheer Lagomarsino is not involved in the representation of any party in any case or other matter discussed on this blog.