Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Product liability law covers injuries or losses caused by goods that are defective or unreasonably dangerous when used as intended. In Las Vegas, which lies in Clark County, Nevada law governs most product liability claims. These claims can arise from defective design, manufacturing defects, or inadequate warnings and instructions. Product liability cases may involve manufacturers, designers, component suppliers, distributors, importers, and retailers. Federal safety standards and recalls can also affect a claim, but state law usually controls whether a victim can recover money for injuries.
Product liability claims can be complex and require specialized legal and technical knowledge. Common situations where you may need a lawyer include:
- Serious injury from a consumer good, power tool, appliance, or industrial equipment.
- Injuries or deaths linked to a vehicle defect, tire failure, or airbag malfunction.
- Harm from a pharmaceutical, medical device, or contaminated product.
- Failure-to-warn claims when instructions or labels did not disclose a known risk.
- Multiple parties may share responsibility, such as component makers and final-product manufacturers.
- The defendant is a large company with experienced defense counsel and resources to fight you.
- Potential recall issues, regulatory investigations, or class-action coordination.
A lawyer helps evaluate legal theories, identify responsible parties, preserve evidence, obtain expert witnesses, and negotiate or litigate for full compensation.
Key aspects of Nevada and local Las Vegas practice you should know:
- Legal theories - In Nevada you can pursue claims based on strict products liability, negligence, breach of warranty, and misrepresentation. Strict liability means a plaintiff may recover if the product was defective and unreasonably dangerous, regardless of proof of the manufacturer-s fault.
- Statute of limitations - Time limits apply. For personal injury from a defective product, the deadline to file suit is generally short - typically two years from the date of injury in many Nevada personal injury claims. Contract and warranty claims under the Uniform Commercial Code often have longer limits - commonly four years. Missing a deadline can bar recovery.
- Comparative fault - Nevada reduces recoverable damages based on the injured person-s share of fault. Your compensation is typically reduced in proportion to how much you are found responsible for the harm.
- Damages available - Plaintiffs can seek economic damages such as medical bills and lost wages, non-economic damages such as pain and suffering, and in some cases punitive damages when the defendant-s conduct was especially reckless or malicious.
- Evidence and experts - Product liability cases almost always require technical and medical experts to explain defect causation, product design, manufacturing processes, or warning adequacy. Local counsel will often work with engineers, toxicologists, and physicians.
- Courts and jurisdiction - Most product liability cases in Las Vegas are handled in Clark County District Court. Federal courts may hear cases if there is diversity of citizenship and the amount in controversy is met, or if federal law is implicated.
The three classic categories are design defects, manufacturing defects, and marketing defects - which include inadequate warnings and instructions. A design defect exists when the product is unreasonably dangerous by design. A manufacturing defect exists when the finished product departs from the manufacturer-s intended design. A marketing defect covers failures to warn about risks or to provide proper instructions.
Potential defendants include the product-s manufacturer, designer, component part maker, importer, distributor, and retailer. Liability depends on the role each entity played and whether their product or conduct caused the injury. An experienced lawyer will investigate the supply chain to identify proper defendants.
Time limits vary by claim type. Personal injury claims from defective products commonly must be filed within roughly two years from the date of injury. Breach of warranty claims under commercial law often have longer limits, commonly around four years. These timeframes can vary with the facts, so consult an attorney promptly to protect your rights.
Keeping the product, packaging, labels, receipts, and all related materials is very important. The physical product is often key evidence for demonstrating the defect. If the product has been discarded or altered, you should still consult a lawyer because other evidence may help, such as photos, witness statements, medical records, and purchase records.
A recall can be powerful evidence that a product had a safety problem, but a recall is not required to win a case. Some recalls are voluntary and do not admit legal fault. A recall may also improve settlement leverage and serve as proof that the manufacturer knew of a hazard.
Strict liability holds the manufacturer or seller responsible for defective products that cause harm, even if the defendant was not negligent. Negligence requires proof that the defendant failed to exercise reasonable care in design, manufacture, or warnings. Plaintiffs often plead both theories to preserve options during litigation.
Yes. Product liability plaintiffs commonly recover economic damages such as current and future medical expenses, lost income, and lost earning capacity. They may also recover non-economic damages for pain, suffering, and emotional distress. In rare cases, punitive damages may be available for particularly egregious conduct.
Vital evidence includes the defective product itself, photographs, medical records, witness statements, purchase receipts, maintenance logs, and any correspondence with the manufacturer or seller. Expert testimony is almost always necessary to explain how the defect caused the injury and to rebut defense theories.
Many product liability lawyers handle personal injury cases on a contingency fee basis - they receive a percentage of the recovery and no fee if there is no recovery. Costs for experts, testing, and litigation expenses may be advanced by the firm and repaid from the settlement or judgment. Discuss fee arrangements and case expenses during your initial consultation.
Do not accept a settlement offer without consulting an experienced lawyer. Initial offers from insurers are often low. An attorney can evaluate the offer against probable damages, missing future costs, and long-term consequences. A lawyer can negotiate or litigate to pursue fair compensation.
Government agencies and organizations that can be helpful:
- Nevada Attorney General - Consumer Protection Division - for state consumer complaints and guidance.
- Clark County District Court - where many local cases are filed and where you can check procedures and filing requirements.
- Nevada State Bar - Lawyer Referral and Information Service - to locate qualified product liability attorneys in Las Vegas.
- Legal Aid Center of Southern Nevada - for low-income residents seeking legal advice or referrals.
- Consumer Product Safety Commission - federal agency that handles product safety and recalls.
- U.S. Food and Drug Administration - for drug and medical device safety concerns.
- National Highway Traffic Safety Administration - for vehicle and automotive component defects and recalls.
- Better Business Bureau - to review company complaint histories and dispute resolution options.
- Local hospitals and medical providers - for documentation and care if you have sustained injuries.
If you have been injured by a dangerous or defective product in Las Vegas, consider the following steps:
- Seek immediate medical attention and follow medical advice. Your health is the top priority and medical records document injuries.
- Preserve the product, packaging, manuals, receipts, photos, and any evidence of the defect. Do not alter the product.
- Write down details while memories are fresh - date, time, location, witnesses, what happened, and any conversations with sellers or manufacturers.
- Report the incident to appropriate agencies - for example, the Consumer Product Safety Commission, FDA, or local authorities when relevant. Also consider filing a complaint with the Nevada Attorney General-s consumer office.
- Contact an experienced Las Vegas product liability attorney for an initial consultation. Bring all evidence, medical records, and correspondence. Ask about fee structure, case strategy, and likely timelines.
- Avoid giving recorded statements to insurers or signing releases before consulting your lawyer. Insurance companies may try to obtain quick statements that limit your ability to recover full compensation.
- Keep copies of all documents and maintain a file of medical bills, treatment plans, repair estimates, and communications related to the incident.
Act promptly. Legal deadlines can be short, and timely preservation of evidence and early investigation increase your chances of a successful claim.
