How to Handle Defective Products
Do you ever find yourself hurt because of a faulty product? Do you know someone or a loved that has died due to a product malfunctioning? You or the aggrieved party may be entitled to compensation. However, you need to keep in mind that to be entitled reparation the product has to be used according to its intended use and purpose.
To determine whether you have a valid claim it is best that you consult a Las Vegas product liability attorney. They have the expertise and resources to be able to assist you in filing a complaint. A Las Vegas product liability attorney has all the answers to questions you may have about defective product claims. They can also help determine whether you have a valid claim against the defective product. Having a Las Vegas product liability attorney on your side can help recommend you on what type of claim you should file that to recover compensation. To know more here are the different types of claims.
Different Types of Claims
Breach of Warranty
As a consumer, when buying a product, you rely on two warranties that need to be guaranteed by the manufacturer. First, the express warranty, wherein it states the representations of safety by the company. Second warranty is implied warranty, includes a promise that the product will not cause harm. Failure to fulfill such warranties could hold the manufacturer responsible for such breach.
This type of claim can be proved by showing the company’s neglect caused your injuries. You need to show that the company has breached its duty to sell a product that is safe for consumers to use. It must also be shown that the company is aware of the danger in using the products. And that the injuries you sustained were a direct result of their negligence.
The buyer only has to demonstrate that the defect of the product exists. If found to be defective, the manufacturer can be wholly liable to the consumer.
If you are thinking of filing a claim for the injury that was caused by the defective product, it would be great to have a Las Vegas product liability attorney who is an expert on product liability law. Having a competent counsel by your side can increase your chances of getting fair compensation for any injuries sustained.
Who is liable?
When a product is defective, there are multiple numbers of entities that can be held responsible for the faulty item. Those parties that can be proven to have known about the dangers and hazards or the potential threat that may cause harm to the buyers can be held liable. It is not just the manufacturer that can be held responsible. Any party who had a hand in the design, production, and sale of the product is equally guilty as they are aware of the potential danger. The following parties may be held liable:
A retailer who sells any product guarantees to the prospective consumers that such item is safe to use. Advertising the sale of such product assures the consumers of their safety. Therefore, they can be held accountable for the faulty product.
Any party who participated in the production, design, and marketing of the product can be held liable. The victim-consumer can also file a claim to a third party manufacturer of a specific part of the defective product.