The Dangers of Defective Product

Erik • Jan 25, 2017

Defective products are common in the current marketplace and many times they cause serious damage or even result in fatalities in certain instances. They have a wide product range and can be difficult to identify without help from the manufacturer when the defective product is a component of another larger product, such as an automobile.

The Consumer Protection Agency maintains an inventory of known defective products which typically have an established protocol for having the problem repaired or for filing typical injury claims for obvious product associations. However, when the cases are involving products that are not necessarily identified by the Bureau of Consumer Protection, the injury claims are regularly defended vigorously by both the manufacturers and their liability insurance companies.

Product liability claims can also be very complicated legal disputes that will always require the legal experience and knowledge of a  product liability attorney  who understands how the manufacturer will attempt to argue the case.

Potential Damages Available
The financial recovery potential of a defective product claim depends largely on the actual damage caused by the product and the level of personal contribution to the injury in question. One advantage for the plaintiff’s legal counsel is that they do not need to prove negligence on the part of the manufacturer or any other company selling the defective product, because of strict liability standards for product developers. They must incorporate potential dangers in the application process when they are designing and manufacturing the product.

Most cases will result in compensatory damages for personal injuries, lost wages, and non-economic pain-and-suffering for the medical problems that remain during rehabilitation. This can result in a high-value claim when the product usage results in long-term or permanent damage to the health of the plaintiff. Punitive damages may also be available in wrongful death claims, but these damages are only awarded by a jury, meaning that the case will largely depend on having an experienced trial attorney who knows how to craft a case to a jury for maximum claim value.

Potential Claim Limitations
Some defective product issues have long been settled and filing a claim on some products does not even require going to court. Asbestos injury damage claims are a prime example of how the system works when products are well-established as problematic. However, difficulties in being compensated usually happen in isolated causes where the manufacturer may think they have a defense, based on how the product is being used when the injury occurs. This is usually a component of a claim where the manufacturer, or their liability insurance company, is using comparative negligence law as a defense. This doctrine effectively holds that those who are largely responsible for their own injuries could be barred from collecting any damages when their degree of personal contribution is beyond the state statute limit. This can be a common and effective defense in states like Nevada that use modified comparative negligence law that bars an injured plaintiff from receiving any damages if their personal contribution is 51% or above regarding injury causation. This is also a determination that must be made by a jury and having an experienced attorney is a must in these legal situations.

It is never a good decision to attempt handling a product liability claim personally, because of potential legal wrangling and the possibility of a trial. Product manufacturers and insurance company legal teams alike are serious about denying these claims because the outcome can be a very expensive ruling.

Having your own professional negotiation team is essential to being compensated fairly and potentially be made financially whole after a case has been settled. Always get an experienced and aggressive product liability attorney who is willing to fight for all your legal rights to collection, including taking the case to trial when necessary.

Personal Injury in Nevada
05 Mar, 2024
Dealing with the aftermath of an injury can be challenging. In Nevada, understanding your rights and the steps to take after an accident is crucial to ensure you are properly cared for and compensated. Whether it's a slip at a store, a car crash, or any other incident that wasn't your fault, knowing how to move forward can make all the difference.
Personal Injury Claims
20 Feb, 2024
When you're hurt because someone else didn't take care, the steps you take afterward can be crucial. From the minute the incident happens to the potential courtroom dates, we’ll walk you through the process so you can feel confident in handling the situation and seeking the compensation you deserve.
Compiling Documentation After an Injury
07 Feb, 2024
When you're hurt, keeping track of what happened and gathering proof can make a big difference. It's like putting together pieces of a puzzle that show the full picture of your injury. This means writing down details, getting photos or videos if you can, and holding on to any papers that talk about your injury. Doing all this helps you tell your story clearly if you need to ask for help from insurance or even in court.
Statute of Limitations in Nevada
21 Jan, 2024
Navigating the legal landscape of statutes of limitations in Nevada can be a complex endeavor. It illuminates the importance of these deadlines in the context of civil and criminal law, providing clarity for individuals and legal professionals alike.
Determine Fault in Injury Cases
07 Jan, 2024
Negligence, a term often heard in legal disputes, is a complex concept that courts use to assign blame in injury situations. When an individual fails to act with the caution that a reasonable person would have under the same circumstances, it can lead to harmful situations
By Big Leap 21 Dec, 2023
When facing the aftermath of a personal injury, the importance of thorough documentation cannot be overstated. Documenting every aspect of the incident and subsequent damages is crucial in ensuring a successful personal injury claim. By following a systematic approach, individuals can significantly strengthen their case and increase the likelihood of obtaining fair compensation. Immediate Actions […] The post A Step-by-Step Guide: How to Document Your Personal Injury Claim appeared first on Ahlander Injury Law.
By Big Leap 07 Dec, 2023
In the hustle and bustle of everyday life, garage doors often go unnoticed until something goes wrong. While these fixtures serve as convenient entry points to our homes, they can also pose serious risks if they malfunction, leading to unforeseen injuries.  The Impact of Garage Door Injuries Garage doors, despite their utility, can unexpectedly malfunction […] The post Injured by a Garage Door? Know Your Rights under Injury Law appeared first on Ahlander Injury Law.
By Big Leap 20 Nov, 2023
Experiencing a car accident can be a traumatic and life-altering event, especially when it leads to whiplash injuries. Those who suffer from whiplash deserve fair compensation to aid in their recovery and secure their financial future. Understanding Whiplash Injuries Whiplash is a common injury following a car accident, often caused by the sudden back-and-forth movement […] The post Whiplash After a Car Accident and the Road to Compensation appeared first on Ahlander Injury Law.
By Big Leap 06 Nov, 2023
Las Vegas, the Entertainment Capital of the World, is famous for its vibrant nightlife, top-notch casinos, and numerous attractions. Amidst the glitz and glamor, the city also has a significant number of dog owners. While dogs bring joy and companionship, they can also be a liability, resulting in personal injury lawsuits. Understanding Las Vegas Dog […] The post The Role of Las Vegas Dog Regulations in Personal Injury Lawsuits appeared first on Ahlander Injury Law.
By Big Leap 20 Oct, 2023
Understanding how personal damages are assessed in personal injury lawsuits is crucial. In personal injury cases, the plaintiff seeks to be compensated for the damages they have suffered due to the defendant’s negligence. The Complexities of Personal Damages: Why You Need a Professional Assessing personal damages in a personal injury lawsuit is a complex task […] The post Quantifying the Pain: A Closer Look at Assessing Personal Damages in Personal Injury Lawsuits appeared first on Ahlander Injury Law.
More Posts
Share by: