Henderson Product Liability Lawyer

When you buy a product, you trust it will be safe for its intended use. Getting injured during everyday use of a product can mean that the manufacturer or the seller may be responsible under product liability law. The law holds companies accountable for the products that they make and sell. When either design or manufacturing defects lead to injuries, the companies will owe compensation to the victims.

If you have been injured because of dangerous or defective products, a Henderson product liability lawyer could look at the facts of the case to determine potentially liable parties—including manufacturers, distributors, and even retailers. The skilled accident attorneys at our firm could provide you with the information you need to determine your next steps.

Product Liability Laws

Product liability laws are similar in many states, with an emphasis on protecting consumers. Individuals do not have to establish negligence in order to recover compensation under a product liability claim. These claims fall under strict liability. In other words, if a defect is responsible for the injury, then the manufacturer is liable for the injury, even if they are not negligent.

There are three different types of defects under product liability:

Manufacturing Defects

Manufacturing defects occur when a product is safe as designed, but an error in the manufacturing process creates a problem. Examples of manufacturing defects include bad runs of plastic production, faulty fasteners, weak metal joints, and other industrial issues. Manufacturing defects are also common in food and drug products because product contamination is a manufacturing defect.

Design Defects

Design defects occur when a product is inherently dangerous as designed. These products are dangerous even when they are manufactured without any flaws. Some examples of common design defects include safety components failing and machine parts catching fire.

When a design defect causes an injury, others may have experienced the same or similar injuries. In addition to getting compensation for an injury, design defect cases also aim to get the manufacturer to change the design to prevent future injuries.

Marketing Defects

Marketing issues—also known as failure to warn—happen when the product is safe when used as designed, but the manufacturer fails to convey proper use instructions to the consumers. Some power tools, appliances, and other equipment may need instructions for safe use. These marketing defects are also common in children’s toys, which may be safe for older children but not for younger children.

To recover for losses in a product liability case, the injured party must demonstrate how one of these defects contributed to their harm. A Henderson product liability attorney could look at the evidence in a specific case and determine which of the theories may apply.

Are Lawyers Necessary in Product Liability Claims?

Since product liability claims are strict liability, many people assume that they do not need the help of a lawyer to pursue their claim. However, strict liability claims do not shift the burden of proof to the company. The injured person still has to prove:

• The product was defective
• The product led to their injury
• The injury caused damages

Without establishing these elements, the victim will be unable to prevail in a lawsuit.

A well-practiced lawyer in Henderson performs multiple functions when they take on a product liability case. First, they research the individual’s case to see if the product defect was the cause of the injury. Next, the attorney will look at their injuries and try to determine an appropriate settlement or damage award amount. Legal professionals use their experience to estimate the long-term costs associated with specific injuries, including medical bills, lost wages, loss of earning capacity, and more.

Finally, they may look for evidence that other people have experienced similar injuries. While that evidence is not necessary to establish a product liability claim, the more people who have experienced similar injuries, the easier it is to prove a product defect is to blame.

Meet With a Henderson Product Liability Attorney

A defective product can lead to serious, life-changing injuries. You may be struggling to deal with those injuries and the domino effect that they have on your life.

It can feel overwhelming to determine how to get the manufacturer to pay for your damages. A Henderson product liability lawyer could help. Schedule a consultation to discuss your case today.