The Dangers of Defective Product

Erik • January 25, 2017
A group of men are standing around a damaged car.

Defective products are common in the current marketplace and many times they cause serious damage or even result in fatalities in certain instances. They have a wide product range and can be difficult to identify without help from the manufacturer when the defective product is a component of another larger product, such as an automobile.

The Consumer Protection Agency maintains an inventory of known defective products which typically have an established protocol for having the problem repaired or for filing typical injury claims for obvious product associations. However, when the cases are involving products that are not necessarily identified by the Bureau of Consumer Protection, the injury claims are regularly defended vigorously by both the manufacturers and their liability insurance companies.

Product liability claims can also be very complicated legal disputes that will always require the legal experience and knowledge of a  product liability attorney  who understands how the manufacturer will attempt to argue the case.

Potential Damages Available
The financial recovery potential of a defective product claim depends largely on the actual damage caused by the product and the level of personal contribution to the injury in question. One advantage for the plaintiff’s legal counsel is that they do not need to prove negligence on the part of the manufacturer or any other company selling the defective product, because of strict liability standards for product developers. They must incorporate potential dangers in the application process when they are designing and manufacturing the product.

Most cases will result in compensatory damages for personal injuries, lost wages, and non-economic pain-and-suffering for the medical problems that remain during rehabilitation. This can result in a high-value claim when the product usage results in long-term or permanent damage to the health of the plaintiff. Punitive damages may also be available in wrongful death claims, but these damages are only awarded by a jury, meaning that the case will largely depend on having an experienced trial attorney who knows how to craft a case to a jury for maximum claim value.

Potential Claim Limitations
Some defective product issues have long been settled and filing a claim on some products does not even require going to court. Asbestos injury damage claims are a prime example of how the system works when products are well-established as problematic. However, difficulties in being compensated usually happen in isolated causes where the manufacturer may think they have a defense, based on how the product is being used when the injury occurs. This is usually a component of a claim where the manufacturer, or their liability insurance company, is using comparative negligence law as a defense. This doctrine effectively holds that those who are largely responsible for their own injuries could be barred from collecting any damages when their degree of personal contribution is beyond the state statute limit. This can be a common and effective defense in states like Nevada that use modified comparative negligence law that bars an injured plaintiff from receiving any damages if their personal contribution is 51% or above regarding injury causation. This is also a determination that must be made by a jury and having an experienced attorney is a must in these legal situations.

It is never a good decision to attempt handling a product liability claim personally, because of potential legal wrangling and the possibility of a trial. Product manufacturers and insurance company legal teams alike are serious about denying these claims because the outcome can be a very expensive ruling.

Having your own professional negotiation team is essential to being compensated fairly and potentially be made financially whole after a case has been settled. Always get an experienced and aggressive product liability attorney who is willing to fight for all your legal rights to collection, including taking the case to trial when necessary.

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Dog bite incidents can be traumatic and leave both physical and emotional scars. If you or a loved one has been bitten by a dog in Nevada, understanding how to prove liability is crucial for seeking compensation and protecting your rights. At Ahlander Injury Law , we are committed to helping victims navigate the legal complexities of dog bite cases. This blog explores how liability is determined, the laws governing dog bites in Nevada, the importance of evidence, animal behavior considerations, preventive measures, and steps victims can take to secure their legal rights. Nevada Dog Bite Laws: What You Need to Know Nevada does not have a specific statewide “dog bite statute.” Instead, liability for dog bites is generally governed by principles of negligence and common law. Unlike some states that impose “strict liability,” Nevada often requires the victim to prove that the dog owner was negligent or aware of their pet’s dangerous tendencies. However, certain city and county ordinances may impose additional responsibilities on dog owners. For instance, Clark County Code requires owners to keep their dogs under restraint and take reasonable precautions to prevent attacks. Failure to comply with these local regulations can be used as evidence of negligence in civil cases. Understanding Negligence and the “One Bite” Rule Nevada’s approach to dog bite liability is often referred to as the “one bite” rule. This means that if a dog has previously bitten someone or shown aggressive behavior, the owner is expected to know the dog poses a danger. If another bite occurs, the owner can be held liable for not taking appropriate measures to prevent it. Negligence can be proven if the owner failed to: Leash or confine the dog in public areas Warn others of the dog’s dangerous propensities Abide by local animal control ordinances Establishing negligence or knowledge of dangerous behavior is essential for a strong legal claim. The Role of Evidence in Dog Bite Cases Evidence is the foundation of any successful dog bite liability claim. If you are a victim, gathering and preserving the following is vital: Medical records documenting the injuries Photographs of wounds and the scene Witness statements Animal control or police reports Veterinary records showing the dog’s history These materials can help prove the severity of the attack, the circumstances leading up to it, and the dog’s behavioral history. For example, a report from Las Vegas Animal Control could demonstrate prior complaints or incidents involving the same dog. Historical Behavior and Aggression: The Legal Impact A dog’s previous behavior plays a significant role in determining liability. If the animal has a documented history of aggression, courts are more likely to find the owner liable for subsequent bites. This includes previous attacks, threats, or even aggressive posturing toward people or other animals. Over 4.5 million people are bitten by dogs annually in the U.S., with many involving dogs with prior aggressive incidents. Documented history is often a turning point in legal proceedings. If you have access to animal control records or neighborhood complaints about the dog, these can be powerful evidence in establishing the owner’s knowledge of the risk. Preventive Measures for Dog Owners While this blog focuses on victims, it’s important to note that responsible dog ownership can prevent many incidents. Owners should: Properly socialize and train their pets Obey all local leash and restraint laws Regularly inspect fencing and confinement areas Warn visitors and neighbors if their dog has displayed aggression Taking these steps protects the public and shields owners from potential liability. For more guidance, visit our Dog Bite Injury page or Dog Bite Prevention resources. What Dog Bite Victims Should Do If you are bitten, your actions immediately after the incident can heavily influence your ability to prove liability and obtain compensation. See what victims should prioritize: Seek Medical Attention Immediately: Not only is this crucial for your health, but prompt treatment also generates valuable medical documentation for your case. Report the Incident: Contact local animal control or law enforcement to file an official report. This creates an official record vital for legal claims. Document Everything: Take photos of your injuries, the location, and the dog if possible. Collect contact information from any witnesses. Consult With a Nevada Personal Injury Lawyer: Navigating Nevada’s nuanced dog bite laws can be challenging. A qualified attorney can evaluate your case, help gather evidence, and advocate on your behalf. For a confidential consultation, schedule a consultation with a Nevada lawyer at Ahlander Injury Law. Our team is dedicated to helping victims protect their legal rights and pursue fair compensation. Protecting Your Rights in a Dog Bite Case If you or someone you know has suffered from a dog bite, don’t wait to get help. Schedule a consultation with a Nevada lawyer at Ahlander Injury Law today and take the first step toward healing and justice. For more information on dog bite cases, personal injury claims, and your legal rights, visit our blog or contact our office directly.
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