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LAS VEGAS PRODUCT LIABILITY ATTORNEY
Las Vegas Defective Products
When a defective product causes a serious injury, the victim and victim’s family may be able to claim compensation for medical costs, financial losses and suffering. These cases can be highly complex and success requires discipline, determination and hard work.
Naqvi Injury Law has a record of success in cases involving defective products and other acts of negligence. Our strategy is to out-research the other side and we outwork them. We do everything we can to enable our clients to get the compensation they need to recover.
Our firm represents clients in all types of product liability cases, such as those involving:
- Defective vehicles and vehicle components
- Defective drugs and medical products
- Defective consumer products
- Inadequate safety advisories and usage instructions
- And other product liability cases
Manufacturing and Design Defects
At Naqvi Injury Law, we routinely deal with personal injuries that result from a manufacturer’s design or marketing defects. These types of defects also happen to be the most common causes for a product liability suit across the nation. Our product liability lawyer helps individuals who are injured by defective products form a substantial case against the manufacturer, wholesaler, or distributor who may be liable for their injuries. We do this by gathering evidence and using our knowledge of product liability law to advise clients on the best way to proceed in order to achieve the best possible outcome to their case.
Under the law, there are two primary types of product defects: manufacturing defects and design defects.
- Manufacturing Defects:Manufacturing defects occur when there is an error in the assembly phase of the product, and when the finalized product contains a part that is not intended to be there. However, because the manufacturer, employee of the manufacturer, distributor, or consumer typically notices a product defect right away, a manufacturer’s defect is only found on a small number of the manufacturer’s goods. Once an error is spotted, the manufacturer will take great care to correct the problem, remake the product, and recall any goods that contained the defect.
Unfortunately though, just because a manufacturer may go to great lengths to ensure that the error is corrected and the defective product recalled, they are liable for any injuries that do occur as a result of the error. This is based on the theory of strict liability, which will be explained in depth below.
Finally, just because a product contains an error does not mean that the manufacturer is automatically liable. The plaintiff must prove that the manufacturing error caused an injury and resulted in damages. They must also be able to prove that the defect existed when the final product left the factory.
- Design Defect:A design defect differs from a manufacturing error in that the defect resulted from a flaw in the original blueprint for the product. In other words, a design defect was meant to be there, whereas a manufacturing defect was not. A design defect – though intentional – was not meant to harm the consumer. Typically, a manufacturer cannot know about a design defect until the defect results in actual harm. Unfortunately, because a design defect was intentional and not meant to cause harm, all of a manufacturer’s products will contain the defect until the defect is discovered.
When using a design defect as the basis of a product liability claim, our Las Vegas product liability attorneys will determine the following based off the injuries sustained and the circumstances surrounding your injuries:
- Whether or not the product’s initial design was unreasonably dangerous to begin with;
- Whether or not it was possible for the manufacturer and their design team to foresee harm to the potential user; and
- Whether or not the manufacturer could have used a better design that was economically feasible and that would not have altered the purpose of the product in any way.
If we can determine that the answer is yes to any one of the proposed scenarios above, you have a strong basis for a product liability suit.
Failure to Warn
Manufacturing defects and design defects are not the only ways that a company may be held liable for a dangerous product. A product liability case can also be made if a person sustains an injury due to the manufacturer’s failure to warn the consumer of possible risks. In the instances in which failure to warn is the cause of damages, any person or entity in the chain of distribution may be held liable, including the distributor and retailer.
- Required Warning Labels:According to the American National Standards Institute (ANSI), warning labels and symbols should be easy to read by everyone, offer a more detailed explanation regarding the potential risks associated with a product, and illustrate the safety risks with pictures. An adequate warning label should also do the following:
- Inform the consumer of any existing hazards;
- Inform the consumer of any potential risks involved by using the product, and how severe those risks may or may not be;
- Inform the consumer of any effects from possible hazards; and
- Educate the consumer on how to use the product so as to avoid the hazard.
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In addition to thorough instructions and detail, the label should be positioned in a place in which the consumer will easily find it. It should also be made to withstand normal wear and tear, and should not be easily removed if it is placed on the product itself.
Finally, ANSI has created a color code for manufacturers and distributors to use to classify the severity of a hazard. They are as follows:
- Red:Refers to “Danger,” and warns the consumer that if warnings are not taken into serious consideration when using the product, a hazardous event will occur, and if it does, it will likely result in serious injury or even death;
- Orange:Refers to “Warning,” and warns the consumer that if warnings are not taken into serious consideration when using the product, a hazardous circumstance will occur, and will likely result in serious injury or even death; and
- Yellow:Refers to “Caution,” and warns the consumer that if warnings are not taken into serious consideration when using the product, a hazardous event may occur, and could result in moderate or slight injury.
Manufacturers, distributors, wholesalers, and retailers have a grave responsibility to the consumer, and as such, must follow several stringent regulations and fulfill numerous requirements before releasing their product for consumer use. Failure to do so could put them at risk for a potential product liability lawsuit. At Naqvi Injury Law, our Las Vegas product liability attorneys have advocated on behalf of a number of clients who were injured due to inadequate warning labels, design defects, and manufacturers defects, and now we are prepared to fight for you.
Types of Product Liability Cases
While a manufacturer, distributor, wholesaler, and retailer have an inherent duty of care to the consumer, the consumer may sue for one of three reasons:
- Strict Liability
- Breach of Warranty
Negligence:If you choose to sue for negligence, you need to show that the manufacturer was careless in the design phase of the product, the manufacturing phase, or both. You also need to prove that the defective product led to your injuries and subsequent damages. You must prove that the manufacturer or someone along the chain of distribution had a duty of care to you – the consumer – and that they breached that duty by acting negligently. A breach of duty can be proven by showing that the defendant knew about the defect or should have known about the defect, and failed to resolve the defect accordingly.
There are many components of product development, many of which can be done in error. Those include:
- The drawing up of or reviewing of product plans;
- The maintenance of the machines which make the products;
- The failure to foresee additional uses for the product, outside of what it was intended for;
- The failure to foresee and/or to test for possible defects; and
- The release of a product, which can be too hastily in order to beat the competition.
Strict Liability:Nevada is a strict liability state, and as such, all a plaintiff must do is prove that they were injured by a product, and that it was a flaw in the product’s design, manufacturing, or warning labels that led to the injuries. If the plaintiff can prove that any one of them lead to their injuries, they will likely win their case, regardless of how careful the manufacturer was in the creation of the product. Keep in mind though that when trying to prove strict liability, the product must have been purchased directly from the original chain of distribution, and may not have been bought second-hand.
Breach of Warranty:Finally, a manufacturer or retailer may be sued on the grounds that they breached their warranty to the consumer. There are two types of warranty that can be broken:
- Express Warranty:An express warranty is essentially anassumedwarranty, meaning that the manufacturer or retailer represented the product in a certain way so as to convince the consumer that it is safe, and safe to be used in the way in which the manufacturer or retailer demonstrated.
- Implied Warranty:An implied warranty is a direct promise made by the manufacturer regarding the product’s safety.
If either the express warranty or the implied warranty is breached in any way, the consumer has grounds to sue the manufacturer or retailer.
Reputations Are Earned, Not Given
Our law firm’s founding attorney — Farhan Naqvi has handled hundreds of complicated auto accident cases, including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Drunk driver accidents
He started his career as an insurance defense attorney many years ago and later joined one of the largest personal injury law firms in Nevada where he often litigated more than 200 cases simultaneously. His strong experience with insurance companies & accident law is the foundation of our boutique law firm. We devote ample resources & time to obtaining maximum compensation for accident victims.
Building a Strong and Persuasive Case
The outcome of a product liability cases usually hinges on highly technical investigations concerning the means of failure. Naqvi Injury Law has a network of experts in the fields of engineering, materials science and other disciplines. We work closely with these professionals to understand exactly how the product failed. Our firm also works with human factor experts and bio-mechanical scientists to understand the effect of the product failure on the victim’s body and bodily systems.
We will use the findings of these experts to counter the arguments of the defense and to demonstrate how the product caused the accident and resulting injury to the victim.
Why Work with Our Firm?
In personal injury cases, you may only have one opportunity to obtain compensation and justice. Naqvi Injury Law realizes that in many ways your future depends on our work. We are determined to win for our clients — so they can get the compensation, medical care and services they need to recover to the fullest extent possible.
At Naqvi Injury Law, we strive to outwork the other side, because we know the future of clients may depend on our efforts.
Naqvi Injury Law offers many benefits to car accident victims. In terms of fees, we usually charge only 25 to 33 percent of the total compensation, versus fees of up to 50 percent at other law firms. We also advance all costs while your case is pending.
When you hire one of our skilled attorneys, you’ll never have to wonder what comes next. We’ll guide you through the steps of pursuing the best payout for your injuries, while advising you of potential problems or practices to avoid while your case is being reviewed and worked on. We are available to answer any questions you may have about the different legal processes involved in your case, so you’ll never have to guess at what comes next. Unlike some law firms, we don’t charge you any fees until you receive compensation for your case, which means you can retain our services no matter what your financial situation may be. Give us a call, contact us through our website, or send us an email.
Experience, compassionate service, and the determination to prevail are the foundations of our law firm – the choice is clear.
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Contact our law firm by filling out the form below or call us to schedule a free initial consultation. We are compassionate, yet aggressive when protecting accident victims and family who lost loved ones in wrongful death accidents. Located in Las Vegas, our firm serves clients throughout the state of Nevada.
Other Practice Areas
DRUNK DRIVER ACCIDENTS
MULTIPLE CAR ACCIDENTS
NECK & BACK INJURY
SLIP & FALL ACCIDENTS
SPINE INJURY ACCIDENTS
SWIMMING POOL ACCIDENTS
TAXI CAB ACCIDENTS
TRAUMATIC BRAIN INJURY
TRIP & FALL ACCIDENT