Do You Need An Award Winning Las Vegas Defective Products Lawyer?
Can we just be frank? If you or someone you love was inured by a defective product, then you need a Las Vegas defective products lawyer now! A dangerous consumer product can take many forms. For example, from children’s toys to automobiles and even medicinal devices and substances can be defective. Even if a recall has already been issued, it could be possible for someone injured by a product. In that case we need to hold the manufacturer liable for the harm their negligence caused.
However, successfully pursuing a product liability case can be complicated. Successful outcomes require legal knowledge and expertise, usually in the form of a qualified personal injury attorney. If you think you may have grounds for a claim, it could be beneficial to get in touch with Las Vegas defective products lawyer Ryan Alexander. Additionally, you want to do that sooner rather than later to start exploring your legal options.
Categories of Defective Product Liability in Memphis
NRS 695E.090 outlines the Nevada Liability Risk Retention Act was first passed into law in 1986. This section of the state legal code requires product manufacturers—and in some cases, sellers—to be held civilly liable. And they should be held liable for harm caused to consumers by a defect in one of their products. A valid consumer goods liability case must be based on one of three categories of product defects:
The most straightforward type is a design defect which refers to a product’s core design. How it is fundamentally flawed in a way that makes it unreasonably dangerous even when used as intended.
Similarly, a manufacturing defect also makes a product unreasonably dangerous. However, in this case, the hazard stems from a flaw in a limited production batch. Those occur while an otherwise safe product was being assembled.
A marketing defect could entail a failure by a manufacturer to include appropriate warnings or instructions for proper use with an otherwise non-defective product. Or, if a product makes false promises in the advertisement, this could be seen as a marketing defect as well.
If a Las Vegas defective products attorney can prove that any of these defects directly resulted in an injury, then a plaintiff could hold the product’s manufacturer strictly liable for the damage. The plaintiff does not have to show that the manufacturer specifically acted recklessly or carelessly. They just have to prove that the product caused them harm. Even though they did not use the product inappropriately or tamper with it beforehand.
The “Sealed Container” Rule in Recalled Retail Cases
Under federal law, retailers in the state of Nevada are obligated to remove from their available stock a product recalled. For any reason. Unless they fail to fulfill this requirement, a seller typically cannot be held liable. Not even for injuries suffered due to a defective product.
This is primarily due to the “sealed container” rule Nevada courts adhere to. That affirms that a seller cannot bear liability for a defective product if they had no “reasonable opportunity to inspect the product”. Additionally, sold the product in the same sealed container in which it originally arrived. However, if the retailer selling a defective product is also its manufacturer, this rule may not apply. Then they could still bear liability in an ensuing civil case.
Additionally, if a product is unsealed at any time between the manufacturer and consumer—for example, a grocery store selling vegetables acquired in bulk by the pound—the sealed container exception to seller liability may not apply. A seasoned defective product liability legal representative in Las Vegas could go into further detail about how this law and other legal precedents may impact a particular case.
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Ryan Alexander: Las Vegas Defective Products Lawyer
We understand that now more than ever you need some help moving forward. Award winning Attorney Ryan Alexander is an experienced trial attorney with extensive experience in taking on complex litigation against large companies. Product liability cases fall within a somewhat unique category of personal injury litigation. They are usually based on strict liability rather than traditional negligence, and the specific criteria for holding responsible companies liable differ significantly as a result. You don’t want to risk losing money by using an inexperienced attorney.