Your Reliable Las Vegas Defective Product Team
If you were injured by a dangerous or defective product, Nevada law is on your side. Our state’s product liability laws are very favorable to consumers. In Nevada, manufacturers and distributors are responsible for harm caused in many cases— even if the product is misused, as long as that misuse was foreseeable. There are several ways that products can be unreasonably dangerous, including manufacturing defects, design defects, a manufacturer or seller’s failure to warn, or a breach of warranty.
What is a Defective Product?
A defective product is unreasonably dangerous when used for its intended purpose without any alterations or interference. Defective products can cause injuries due to:
- Design defects
- Manufacturing defects
- Marketing defects
While any industry is subject to product defects, defective product lawsuits are most commonly brought against auto manufacturers, makers of medical devices and pharmaceuticals, chemical manufacturers, and industrial equipment manufacturers.
Eglet Adams, Award-Winning Defective Product Lawyers
Located in Las Vegas, the trial lawyers at Eglet Adams have successfully handled defective product lawsuits related to many different types of dangerous defective products.
Defective product cases can be difficult to win because most cases are brought against corporations that have plenty of resources to fight claims. The lawyers at Eglet Adams are equipped to take defective product cases to trial and have a proven record of success with holding manufacturers and distributors accountable for defective products while obtaining maximum compensation for clients.
Eglet Adams has handled complex civil litigation against corporate titans, resulting in positive policy changes for consumers, and has obtained more multimillion-dollar verdicts than any other personal injury trial firm in Nevada.
Eglet Adams has secured some of the largest defective product verdicts in the country, including:
- $524,000,000 in 2013
- $182,600,000 in 2011
- $505,100,000 in 2010
- $41,519,423 in 2007
If you were injured by a defective product, please contact our Las Vegas law firm today at 702-450-5400 or 800-450-5406 toll-free.
Las Vegas Defective Product Injury Trial Lawyer
Our defective product lawyers are equipped to successfully pursue maximum damages against major pharmaceutical and medical device manufacturers. These companies release drugs and medical products to the market with insufficient testing, failing to warn doctors and patients of the potential dangers, side effects, or complications that could arise. Many times, they know the potential for lawsuits and proceed anyway, hoping to maximize profits as quickly as possible before a possible recall. We hold the companies accountable for their reckless business practices and cutting of corners.
Eglet Adams’ defective product lawyers handle all defective product cases, including:
- Actos Drug
- Bad Drugs and Pharmaceuticals
- Byetta Drug
- Defective Ladder
- Defective Machinery
- Defective Vehicles
- DePuy Hip Replacement
- E-Cigarette Explosion Injuries
- Januvia Drug
- Medical Device Recalls
- Metal Fatigue
- Seat Belt Failure
- Tire Recalls
- Vaginal Mesh
- Victoza Drug
- Zofran Drug
We have successfully taken cases to trial involving machinery defects, auto defects, tire failure, seat belt failure, metal fatigue, and ladder failure. These lawsuits have been against major companies, such as Firestone and Toyota.
Visit our Product Liability FAQ to learn more.
Nevada’s Defective Product Laws
Nevada’s product liability laws are favorable to consumers. Nevada follows the doctrine of strict product liability, meaning that a defendant is liable when a plaintiff proves that a product is defective, regardless of whether or not the defendant was intentionally negligent.
According to Nevada law, in order to establish a claim of strict liability for a defective product, a plaintiff must prove the following elements:
- The defendant was either:
a. a manufacturer of the product,
b. a distributor of the product, or
c. a seller who can be regarded as a merchant engaged in the business of
supplying goods of the kind involved in the case.
- The product was defective;
- The defect existed when the product left the defendant’s possession.
- The product was used in a manner which was reasonably foreseeable by the defendant; and
- The defect was a legal cause of the damage or injury to the plaintiff.
Damages in Defective Product Lawsuits
Nevada allows recovery of both compensatory and punitive damages. Compensatory damages are awarded to plaintiffs to cover the cost of past and future medical care, lost wages, emotional distress, and other costs associated with the reason the lawsuit was filed. Punitive damages are damages that exceed simple compensation and are awarded to punish the defendant and to discourage others from engaging in similar conduct.
Under subsection 1 of NRS 42.005, an award of punitive damages may not exceed:
a. Three times the amount of compensatory damages awarded to the plaintiff if the amount of compensatory damages awarded to the plaintiff is $100,000 or more; or
b. $300,000 if the amount of compensatory damages awarded to the plaintiff is less than $100,000.
Subsection 2 of NRS 42.005 states that “The limitations on the amount of an award of exemplary or punitive damages prescribed in subsection 1 do not apply to an action brought against:
a. A manufacturer, distributor, or seller of a defective product;
b. An insurer who acts in bad faith regarding its obligations to provide insurance coverage;
c. A person for violating a state or federal law prohibiting discriminatory housing practices, if the law provides for a remedy of exemplary or punitive damages in excess of the limitations prescribed in subsection 1;
d. A person for damages or an injury caused by the emission, disposal or spilling of a toxic, radioactive or hazardous material or waste; or
e. A person for defamation.”
NRS 42.005 Subsection 2 is another example of why Nevada’s product liability laws are so favorable to consumers. Not only are they able to bring forth a product liability lawsuit under the doctrine of strict liability, but punitive damages awarded are not subject to limitations.
If you or a loved one has suffered due to a defective product, you need Eglet Adams’ defective product lawyers on your side. Contact us today to schedule a free initial consultation with one of our experienced defective product trial lawyers.
NRPC 7.2 Disclaimer
Past results do not guarantee, warrant, or predict future cases.