When we buy something — whether it’s a car, a kitchen appliance, or a child’s toy — we rarely pause to consider the possibility that it might seriously hurt us. We assume that manufacturers have tested their products, followed safety regulations, and labeled everything appropriately. But when a product fails to work as it should and someone gets hurt, everything is turned on its head.
Suddenly, everyday life can become a blur of doctor’s appointments, financial stress, and difficult questions about what went wrong. If you’re in this situation, you shouldn’t have to navigate it alone. A defective products lawyer can help you make sense of what happened, protect your rights, and seek the compensation you deserve.
At Jensen Personal Injury Law, we have ample experience in advocating for people hurt by dangerous, faulty, defective products. This guide will walk you through what qualifies as a defective product, your rights as a consumer, and what to expect if you choose to pursue a legal claim.
Your Rights as a Consumer Harmed by a Defective Product
Under product liability laws, consumers have the right to expect that the products they buy and use are reasonably safe. If a product injures you because of a defect, you may be entitled to compensation. In Nevada and across the U.S., both state and federal laws protect consumers against these kinds of hazards.
These laws recognize that individuals typically don’t have the resources or knowledge to inspect every product they use. So instead, the legal burden falls on the people and companies who design, manufacture, distribute, and sell those products. That includes large corporations, retailers, and sometimes even third-party contractors.
In most product liability cases, victims can pursue damages for:
- Medical expenses
- Lost income or reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- In severe cases, punitive damages (to punish especially reckless behavior)
The law supports your right to seek fair compensation, but navigating that system on your own isn’t easy, especially when you don’t have proper experience. That’s where a defective products lawyer becomes invaluable for protecting your rights.
Understanding All Manners of Defective Products
To build a strong case, it’s important to understand the different types of product defects. According to the Restatement (Third) of Torts, there are three main types: design defects, manufacturing defects, and marketing defects.
Design Defects
A design defect refers to a flaw in the way the product was planned or conceptualized. Even if every unit is perfectly manufactured and used correctly, the product is still unsafe due to its fundamental design.
Take, for instance, a high-chair that easily tips over because of an unbalanced base. Even if all units are manufactured correctly, that design flaw makes the product dangerous for its intended users — in this case, infants and toddlers.
In design defect cases, courts often use a “risk-utility” analysis, which helps answer if the risk posed by the product outweighs its usefulness. If a safer design alternative existed and was economically feasible, the manufacturer could be found liable for choosing not to implement it.
Manufacturing Defects
A manufacturing defect occurs when the product’s design is safe, but an error during production results in a dangerous flaw. This could involve a contaminated batch of medication, a crack in a weld on a car’s frame, or a missing safety component on a power tool.
These types of cases are often easier to prove than design defects, especially when you can compare the defective product to others from the same line that function as intended. With that said, your legal team would still need to gather as much documentation as possible — including purchase receipts, photos, and expert analysis — to demonstrate that the defect directly caused your injury.
Manufacturing defects are among the most common types of product liability claims because they typically involve isolated but significant lapses in quality control.
Marketing Defects
Also known as “failure to warn,” marketing defects involve improper labeling, lack of adequate instructions, or misleading advertising. In these cases, the product may be designed and made correctly, but the user isn’t given enough information to use it safely.
Examples include:
- A medication that doesn’t list all potential side effects or drug interactions
- A pesticide with unclear instructions for safe handling
- A cleaning product sold without warning about toxic fumes if mixed with other chemicals
Manufacturers have a duty to anticipate potential risks and provide clear, visible warnings. When they don’t, people can suffer avoidable injuries, and that’s where liability comes into play.
Settling Your Claim with a Defective Products Lawyer
If you’ve been injured by a defective product, your first priority should be healing. However, we strongly recommend you begin exploring your legal options as soon as possible. Evidence can disappear, records may be lost, and statutes of limitations (in Nevada, typically four years from the date of injury) can impact your ability to file a claim. It’s best to start speaking with a defective products lawyer about your case sooner rather than later.
Luckily, a qualified legal team will be help you with every step of the process. Here is the common timeline of events in a product liability case:
- Investigating the product and injury: Your lawyer will gather documents, medical records, witness statements, and possibly retain experts to examine the defective item.
- Identifying liable parties: Liability may lie with multiple entities in the supply chain: the designer, manufacturer, distributor, or retailer.
- Filing your claim: Your attorney will file your lawsuit within the correct jurisdiction and timeline.
- Negotiating a settlement: Most product liability cases settle before reaching trial. A lawyer will push for fair compensation and protect you from lowball offers.
- Representing you in court: If a fair agreement can’t be reached, your lawyer will take the case to trial and advocate on your behalf before a judge and jury.
At Jensen Personal Injury Law, we understand how disruptive these injuries can be and how daunting it feels to take on a large company. That’s why we lead with compassion, transparency, and a deep knowledge of Nevada product liability law.
Helping You Get the Justice You Need
At Jensen Personal Injury Law, we’ve built our reputation on standing up for individuals and protecting their rights. With years of experience in product liability law, we understand the complexities involved — from identifying the type of defect to holding the right parties accountable. Our team is committed to delivering honest guidance, clear communication, and strong legal representation every step of the way.
If you or a loved one has been injured by a faulty product, don’t wait to get the help you need. Get in touch with us today for a free consultation, and let’s talk about how we can protect your rights and pursue the compensation you deserve.
The information provided on this site is for general information purposes only. The information you obtain at this website is not, nor is it intended to be, legal or medical advice. You should consult an attorney or doctor for advice regarding your own individual situation. Use of this website or submission of an online form does not create an attorney-client relationship.