If you or someone you know is injured as a result of a defective product, you may have a liability claim against the manufacturer, seller, and/or distributor of that product.
There are three ways that a manufacturer can be liable for damages caused by one of its products. First, the manufacturer can be negligent in how the product was originally designed or constructed. To establish negligence, you must show that the manufacturer used inferior procedures or poor materials in designing or creating the product. Second, the manufacturer can be held responsible if it breached an express or implied warranty regarding the product’s fitness for use. To establish breach of warranty, you must prove that the manufacturer failed to live up to the promises made about the product. Third, the manufacturer may be held strictly liable for its defective produce. To prove strict liability, you do not have to establish that the manufacturer was directly at fault. All you haver to do is prove that a product was defective when it left the manufacturer’s custody or control, or that there were not appropriate warnings given concerning its dangerous nature.
Sometimes, products will be sold with a disclaimer saying that the manufacturer is not responsible for certain problems. That does NOT mean you don’t have a case. Oftentimes, Court and consumer protection laws override such disclaimers because they violate public policy.
In a recent product defect case Mr. Achrem handled, a young woman suffered serious brain damage and other permanent injuries when her airbag failed to deploy during a 34 mph frontal collision with a power pole. Following a one month trial in federal court, the jury came back with a unanimous, multi-million dollar verdict in favor of the Plaintiff. Although the airbag manufacturer filed an appeal, the jury’s verdict was unanimously upheld by the Ninth Circuit Court of Appeal.
Edward J. Achrem & Associates has the training and experience to handle complex product liability cases and we can be reached at (702) 734-3936, or at (888) 734-6789 if you’re outside Nevada. From the claim to the courthouse, we’re here to help.