Product
Liability

Cases We Handle

Injured by a defective Product?

Product Liability Claims in Nevada

Every day, we use numerous products to make our lives easier, safer, and more convenient. We rely on these products to work properly and to do what they are intended and marketed to do. Unfortunately, defective and downright dangerous products make it onto the consumer market every single year—often with devastating consequences. In the hands of ordinary consumers, defective products can cause severe injuries and, in some tragic cases, fatalities.

If you were injured or your loved one was killed by a defective product, reach out to the legal team at Carter Cullen. Since 1985, our Las Vegas product liability lawyers have been taking on major product manufacturers and distributors who care more about their profits than the safety of the public. We understand how to navigate these complex cases and have a history of success in this area of law. In fact, our firm has recovered millions of dollars for our clients, and we are ready to fight for you, too.

Contact us online or call 702.800.0000 now to request your free and confidential consultation. No fees unless we win.

We Handle All Types of Products Liability Cases in Nevada

At Carter Cullen, we have extensive experience representing victims of all types of defective products.

We regularly assist clients with product liability cases involving defective:

Auto parts
Baby products
Drugs, including Abilify
Medical devices, including hernia mesh
Household appliances
Farming products
Vehicle design

We also represent victims of toxic exposure in civil actions known as toxic torts. If you or a loved one suffered injuries or an illness as a result of being exposed to hazardous pollutants or toxic substances, we can help you seek fair compensation for your damages.

What is Products Liability?

roduct liability refers to the responsibility product designers, manufacturers, and distributors have to make reasonably safe products. In other words, any entity involved in the creation, production, or distribution of a product is legally liable for ensuring that the product is reasonably safe for ordinary use.

Product defects generally fall into three categories:

Design Defects: These occur when the actual design of the product is faulty, making the product inherently unsafe for typical use. In order for a product to have a defective design, it must be inherently and unreasonably dangerous.
Manufacturing Defects: When a mistake is made during manufacturing, such as contamination or failure to adhere certain parts, a batch of products can become defective. This is one of the most common types of product defects.
Marketing Defects: Also known as a labeling defect, a marketing defect occurs when a product is improperly marketed or lacks sufficient warnings labels or instructions. This can result in dire consequences for unsuspecting consumers.

What are the Different Types of Liability for Defective Products?

Product manufacturers and distributors can generally be held liable for defective products under several different legal theories, including the theory of negligence, strict negligence, and breach of warranty (expressed or implied), among others. Our Las Vegas product liability lawyers can help you understand this complex area of law as it pertains to your unique situation and work to build a solid case aimed at securing the maximum compensation you are entitled to receive.

Negligence

The first ground for legal action involving a defective product is negligence. Under this argument, the injured party must show that the defendant’s negligence resulted in the product-related losses. Negligence may be proven by showing a breach of duty by the maker, who failed to ensure the reasonable safety of the product that caused the plaintiff’s injury.

Breach of Warranty

The second type of liability, which constitutes grounds for a defective product case, is a breach of warranty. A breach of warranty primarily implies that there was a violation of promises made by the manufacturer to the consumer, which were expressed through the labeling or sales transaction. The product, in essence, does not live up to the guarantees of the maker.

Strict Liability

Third, strict liability is also grounds for a defective product case. Strict liability implies that the manufacturer of the product is responsible for damage or injury caused by the product, regardless of precautions taken to ensure safety and accurate warning information. This standard is based on the belief that the maker of a product should bear the burden of injuries caused by their product.

Choose a Trusted Team of Products Liability Attorneys in Las Vegas

At Carter Cullen, we have decades of experience, but we know that every case is different. While we draw on our past experience with the law, we also provide each and every client with the personalized care and attention they deserve. Our goal is to help you navigate the personal injury process, handling every aspect of your case so that you can focus on healing.

Our large team of Las Vegas product liability lawyers and dedicated legal staff is ready to answer your questions and provide you with the information you need to move forward. We dedicate all of our time, resources, and efforts to helping you secure the maximum recovery you are owed for your medical bills, lost wages, pain and suffering, and other damages. We will leave no stone unturned when investigating your claim and building the strongest possible case on your behalf.

Get in touch with Carter Cullen today to request your free initial consultation. Call 702.800.0000 or contact us online now.

Las Vegas Product Liability FAQ

What is “failure to warn”?

If a product manufacturer does not take the proper steps to warn the public – which includes consumers, retailers, doctors, vendors, etc. – that its product may cause health risks or injuries, it could constitute a “failure to warn.” When a product maker fails to warn people about the product’s dangers and someone is hurt, liability for the injuries and damages may be placed on the product manufacturer in full.

If I’m injured or a loved one is killed by a defective product, who do I make a claim against?

Product liability laws allow you to file injury claims and lawsuits against product manufacturers when a product they designed, manufactured, or sold hurts you or fatally injures a loved one. Typically, liability for such incidents rests on the product manufacturer more than any other party, such as retailers who sold the product, if any other party can be held liable at all.

What should I ask my product liability lawyer?

You should ask your product liability lawyer how much experience they have with such cases and what approaches they use when working on a claim. You should also ask if you should keep the defective product so the attorney’s team or a third-party product engineer can inspect it.

Where Can I Rent a Car After a Las Vegas Car Crash?

When your vehicle is damaged in a car crash, you will need transportation while repairs are made, or you will communicate with an attorney about the best course of action for your claim. Contact one of the many Las Vegas rental car companies to learn about the available vehicles.
Many companies offer various options, from economic to luxury vehicles, depending on your needs and budget. Additionally, some insurance policies may cover or partially cover rental costs post-accident. Confirming this with your provider can offer financial relief during this transitional period.

Should I Share My Medical Records With the Insurance Company?

The short answer is no. Insurance companies will ask you to sign a medical record release so they can evaluate your injuries in what they say is an attempt to compensate you accordingly. Insurance companies ask to review your medical records because they are searching for pre-existing conditions so they can blame your injuries on something other than a car accident. DO NOT give them access to personal information, including your medical records, without speaking to our attorneys first.
This approach protects your rights and privacy, preventing insurers from potentially downplaying your injury claims based on irrelevant medical history. Maintaining control over your information helps uphold the integrity of your claim.

When Should I Contact a Las Vegas Auto Accident Attorney?

Ideally, whenever you are injured in a car accident, you should seek medical care immediately. Then, contact a personal injury attorney for help. If the accident was caused by negligence, led to injuries, or caused significant vehicle damage, you should talk to a lawyer. The same is true if you are offered an unacceptable settlement offer from the liable insurance company. If you have (or expect to have) any medical bills, lost wages, disabilities, vehicle repair costs, or physical pain or emotional suffering, you should reach out to an experienced attorney.

An attorney can provide legal guidance to navigate complex accident claims, especially with insurance companies. This ensures you have the knowledge to make informed decisions about your claim and optimize potential outcomes.

Why Would the Insurance Company Refuse to Pay for My Damages?

Insurance companies use many finely tuned tactics to avoid paying personal injury victims, and their aggressive approach to taking advantage of vulnerable victims begins immediately after the car crash occurs. Insurance companies are businesses, and, like any other business, they are mainly concerned with making money. The more often they have to pay out claims—and the bigger those claims are—the less money they make. This means they will often use any tactic possible to dispute, devalue, or deny your claim. The sooner you contact our personal injury attorneys, the quicker we can protect you from the insurance company.

Being well-prepared with comprehensive documentation and professional legal representation can significantly improve your chances of overcoming these tactics. Acting swiftly and decisively helps to protect your rights and ensure fair treatment throughout the legal process.

How Long Will My Las Vegas Car Accident Claim Take?

All personal injury claims are different. The amount of time your claim will take will be determined by many factors, including your injuries, the time you need to heal, and the details of why the insurance company is disputing your damages. Our car accident lawyers in Las Vegas can provide a timeline for recovery and keep you apprised of any changes that occur throughout the process, so there are no surprises while your claim develops.

Remaining informed and involved throughout the process helps set realistic expectations and fosters a transparent client-lawyer relationship, alleviating some of the stress associated with the uncertainty of legal proceedings.

Do I Deal With the Other Insurance Company?

Dealing with the other driver’s insurance company can be tricky. While they may claim to want to help you, remember that their business should pay out the least amount they can offer to injured claimants. They are usually armed with printed documents that contain terms favorable to them and try to talk you into settling your claim before you even know the extent of your injuries. It is always a good rule of thumb to seek legal advice before signing anything the insurance company presents. The insurance adjuster may also try to convince you that they are offering the maximum value due to your claim, and accepting this amount might seem like the easiest way to settle your growing medical bills.

However, a quick settlement might work to your disadvantage when you find out later the true extent of your injuries and the relevant costs for treatment. Allowing your attorney to deal with the insurance company or the other party can significantly improve your chances of receiving the maximum value of compensation that you legally deserve.

Will Your Claim Go to Court?

Not all car accident claims will reach the civil courts for injured parties to recover compensation. An accident attorney with extensive experience handling insurance claims may be able to obtain the appropriate settlement without having to litigate your claim in court. But if pursuing your claim in court becomes necessary, your car accident attorney should also be prepared to fight for your rights aggressively before a jury

What If an Auto Accident Led to My Loved One Dying?

If you have lost a loved one in a Las Vegas car accident due to another driver’s negligent actions—including texting and driving, driving under the influence, speeding, or recklessness—you may have a wrongful death claim. Our accomplished accident attorneys will help you understand your rights and provide a straightforward approach to pursuing justice from the person who caused your loss.

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