Product Injury Without Warnings

Defective Product Attorney in Las Vegas, NV

Imagine on your child’s birthday, you buy your son or daughter a new electronic toy that they’ve been obsessing over for months. They open it and start playing with it, only for them to get injured in some way that you weren’t expecting. But now that your child is injured, you want justice for something that you feel wasn’t you or your child’s fault.

Once you have acquired a personal injury attorney in Las Vegas, Nevada and started a case, one of the first things the courts are going to look at are the warnings on the toy. Just about everything that can be exchanged from a business to a consumer has a warning of associated product risks from light bulbs to the plastic bag you carried it in.

That said, products without warnings are usually considered defects in themselves. Even more notable, is that the prevailing governing rule for consumer product defects is strict liability. Strict liability is the rule that states that the defendant is liable for product defects despite whether or not the employees involved in its creation acted in negligence or not. But in a case where a product didn’t come with a warning, the argument changes.

The most common argument that arises in this case is whether or not the risk of injury was obvious or unpredictable. Say for instance, a company that produces kitchen knives isn’t liable if you cut yourself while chopping vegetables or a company that manufactures stoves isn’t liable if you burn yourself because you touched an area to close to the source of the heat. Basically, the courts expect you to know that if you play with fire, you’re bound to get burned.

The stove company is liable if the stovetop explodes and after investigation it was found that the wiring was arranged in such a manner that it would overheat and combust. A scenario like this isn’t something you can determine will happen simply by looking at the stove, nor is it a function that the majority of the public expects from a stove which therefore, is an event that is “unpredictable.”

And as it is with all personal injury cases where a physical injury is suffered, your personal injury attorney in Las Vegas, Nevada is going to need photos of the injury, the “defective” product in question, along with medical records to prove damages. After that, it’s a matter of your attorney proving that you deserve to be compensated by the manufacturing company.