Personal Injury

Clear Counsel Law Group / Personal Injury

702-522-0696

Product Liability Personal Injury Lawsuit

Product liability is a type of personal injury lawsuit that is brought against a designer or manufacturer, and in some cases the seller, of a dangerous or defective product that causes injury to the user. Product liability lawsuits differ from other types of personal injury claims, and those differences are important.

Unlike most personal injury claims, which are based on negligence, most product liability cases are based on strict liability. Strict liability applies when a person is injured during the use of a product that has a defective or dangerous design. In this case, there is no burden to show proof of negligence, but only to prove that the product in question caused the injuries. There are three different categories that may be used in this type of lawsuit:

• Design Defects – These are flaws that are introduced during the initial design of the product. A defect can also be introduced during modification of the original design.
• Manufacturing Defects – This type of defect occurs when the design of the product has no noticeable flaws, yet something occurs during the manufacturing process or assembly that renders it dangerous.
• Marketing Defects – This occurs when a product does not have any flaws or defects, but is labeled in a way that does not provide needed information for safe use, or misrepresents the product’s real benefits.

Unavoidable Danger

There are some products that, by design, present danger to the user, yet would be ineffective or useless if this were not the case. For example, a lighter must create a flame in order to be useful. Since it is common knowledge that a flame is dangerous, and must be used with caution, as long as the label clearly states the dangers and proper usage, it cannot be considered in a product liability case. However, if the user was following all usage directions properly, and the lighter exploded, he or she may have a liability claim.

Strict Product Liability Defenses

As with any personal injury case, the “at fault” party will have a chance to defend themselves against your claim. The most common defenses are:

• The product was without defect in design, manufacturing, and marketing.
• The injured person knew that there was a defect that caused danger, yet still chose to use it.
• The injured person was using the product improperly, or abusing it during its use.
• The injured person either did not read the labels, or chose to ignore them.

If the manufacturer is able to show that any of these factors played a role in your injury, it will then be up to you to prove that those defenses are incorrect.
When trying to prove that a defect exists in a strict liability case, you will need to be able to identify the exact cause. As this process can be lengthy and expensive, it is best that you have a lawyer working on the case with you. He or she will be able to subpoena important documents, and assist with independent testing that may need to be done.

The Basis of Personal Injury Claims

When you have been injured because of someone else, you may be considering a personal injury claim. In order to have a valid case, you have to be able to prove that the other party’s actions were actually the cause of your injury. The basis of a personal injury claim can be negligence, intentional wrong, or strict liability.

Negligence

Negligence is the most common basis for personal injury claims. In order to prove that negligence played a role in your injuries, you will have to prove four different elements:

1. Duty of Care – You have to show that duty of care was present, which means that in the situation, the other party had a duty to behave in a manner that would be reasonable for the situation. For example, drivers have the duty of driving carefully to avoid harming others, and stores must make sure there is nothing that can make a person slip, trip, or fall.
2. Breach of Duty – This is proven if the responsible party acted in a way that was unreasonable, such as by driving recklessly, manufacturing a defective product, or failing to clean up a hazard on the floor.
3. Direct Injury – You will have to prove that the actions, or breach of duty, were the true cause of the injuries you suffered. If someone runs a red light and hits you, his or her act of failing to stop was the direct cause.
4. Losses – You will also have to show that you suffered monetary loss due to your injuries, such as medical bills and losing wages due to being unable to perform your work duties.

Intentional Wrongs

Intentional wrongs are another potential basis for a personal injury claim. Intentional wrongs are actions that the other party did willingly, even though he or she knew injury was a likely outcome. This comes into play in cases of battery – even though it is a criminal offense, it can be a civil one, as well. Additionally, if the other person had knowledge that made it clear that the action might result in injury, it is considered intentional wrong.

Strict Liability

Strict liability is the basis for personal injury cases that arise due to the use of defective products. This type of case is generally brought against the manufacturer or designer of the product that caused your injury. The caveat in this situation is that you had to be using the product in the manner in which it was intended to be used at the time of your injury.

If any of these situations were in play at the time of your injury, and you suffered damages of some kind, such as medical bills, lost wages, or even pain and suffering, you may have a personal injury claim. While you always have the option of attempting to file your lawsuit on your own, it is always recommended that you at least consult with a personal injury attorney about your case. He or she will be able to help you determine whether you have a strong case, and whether you are entitled to any damages.

Personal Injury - 03/25/2015

Important Personal Injury Information for the State of Nevada

Like every other state, Nevada is unique in the way that it handles personal injury cases. For this reason, we thought it would be worthwhile to review some of the most important things any person should know about Nevada’s personal injury laws.

Personal Injury Statute of Limitations

Unlike in some other states, Nevada has a strict two-year statute of limitations for bringing a personal injury case to court. This means that any personal injury victim has a maximum of two years to bring suit against a defendant. If you find yourself the victim of personal injury suffered at the hands of another, then it’s vital that you keep this in mind. Attempting to bring a suit after the two-year period has expired will almost always result in the courts refusing to hear your case. This statute of limitations applies to all personal injury suits, even those that might be brought against the state government.

Nevada Is a Shared Fault State

Another important feature of Nevada’s personal injury laws is the concept of “shared fault”. What this basically means is that any personal injury case is never an all or nothing proposition. Both the victim and the defendant can be judged to share certain levels of blame for the incident that caused the personal injury, and can then be directed to share the damages along those lines.

For example, if two individuals were involved in a car accident and one suffered a personal injury, the court and jury would weigh what percentage of the blame each driver shared for the accident. If it is determined that the personal injury victim was 30% to blame for the accident that transpired, then that individual would only be able to recoup 70% of the damages that they’re seeking from the defendant.

It’s not as clear cut when both the victim and the defendant are judged to be equally at fault for an incident or when the ‘victim’ is judged to be mostly at fault. In these instances, the personal injury victim would not be able to receive damages from the defendant. Also, that victim would be prohibited from seeking damages from any other party that might be judged to share fault in the case.

Keep These Things in Mind

Even if you do not plan to bring a personal injury suit against another individual or the government, it’s important to understand these facets of Nevada law. That’s because these peculiarities will also factor into any negotiations that take place between your insurance company and another’s in the event you suffer an injury.

Of course, if you are ever injured as the result of someone else’s negligence, then you’re entitled to seek damages in court. So make sure that you act promptly to collect any evidence related to the incident and that you get in touch with an experienced Nevada personal injury attorney as soon as possible. A lawyer like the ones at Clear Counsel Law Group can help you navigate the complexities of the state’s personal injury laws.

Personal Injury - 02/17/2015

Your Workers’ Compensation Claim Isn’t Guaranteed

As it’s a form of insurance, most employees would like to think that their workers’ compensation will be there for them if they should ever have to file a claim. However, as many of us have had to learn the hard way, having insurance isn’t always much of an assurance. Your workers’ compensation claim could be denied for a number of reasons.

Your Status May Be Questioned

Believe it or not, after filing your claim, you may find out that your status as an employee is being challenged. As an independent contractor, your employer is under no obligation to provide you with workers’ compensation. As such, it’s very much to their benefit to find ways to reclassify you.

No One Saw You Get Hurt

Just because you were injured on the job doesn’t mean you get workers’ compensation. You have to prove that whatever you were doing at the time of the injury was well within the parameters of your job. If you fell off a scaffold because you were dancing on it, the insurance company is definitely going to deny your claim.

Without a witness, the insurance company may try to argue that you were most likely doing something inappropriate when you got hurt.

You Waited to Report Your Injury

Another similar problem is waiting to report that you were injured on the job. Maybe you slipped on a wet floor but tried walking it off. It might not have been until you woke up the next morning that you realized something was broken.

This may have very well happened, but the insurance company might wonder if something else didn’t occur. It might seem like you got hurt after hours, but found an opportunity to get paid by claiming it happened at work.

You Were Laid off before You Filed

Along the same lines of waiting too long, you may have been laid off between the time you got hurt and when you were finally able to get around to filing your workers’ compensation claim. While there could be a number of reasons for this delay, the problem is that now the insurance company can say that this claim of yours is the product of petty vengeance.

Your Accident Report and Medical Records Differ

When you get hurt on the job, an accident report needs to be filed to document what occurred. Similarly, when you go to the hospital, your doctor is going to ask you for a rundown of what happened.

Rest assured that the insurance company is going to cross-check the two for any discrepancies. Depending on the seriousness of your injuries, it’s understandable that you may not say the same thing twice. To the insurance company, though, this may be a clear sign that you simply forgot the details of a story you concocted.

Now that you understand how challenging it can be to file a workers’ compensation claim with the insurance company, hopefully you won’t try it without legal advice first. Call 702-522-0696 today to schedule an appointment with Clear Counsel Law Group and get the help you need getting the compensation you deserve.

Personal Injury - 01/22/2015

Construction Accident Attorney in Henderson

Construction Accidents

Construction is one of the most deadly and accident-prone professions. If you have been injured in a construction accident, it is imperative that you contact an attorney to protect your interests. Usually your claim will be covered by workers compensation insurance which is paid for by your employer. Consequently, the insurance company is usually adverse to your interests. Please contact our office at 702-522-0696 if you have been injured in a construction accident so that we can help you protect your interests.

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Personal Injury Lawyer Testimonials

Clients and Legal Professionals Speak Out

My family is incredibly grateful to this firm. The car accident lawyer that we worked with in Las Vegas was about as high quality as I could have hoped for. It was obvious that we were going to win from our first confrontation with the man who ran into me. They really spooked him and his lawyer.

Justin Schmidt

Client

Mr. Richards is the lawyers lawyer. I have seen him represent clients in even relatively minor accidents with the competent aggression and attention to detail most attorneys reserve for more high profile cases.

Nathan Morris

Personal Injury Attorney

My injury might have bankrupted me if I wasn’t able to collect my lost wages in a civil suit. Clear Counsel represented me for this case, and were the primary reason that I won it. After seeing what they were like in the courtroom, the other side was begging us to accept a generous settlement.

Tina Bruni

Client

Jared was SO great to work with! He was very personable, timely, and completely trust worthy. He did everything in his power to assure us the best possible outcome. He's professional, understanding, and I would recommend him to anyone.

Paige

Client

Personal Injury - 12/31/2014

Private Property Accident Attorney in Henderson

Some people believe that you cannot make a claim against someone who injured you on private property. This is not the case. Everyone has a duty of care wherever they are located. Therefore, if someone acts negligently and injures you on private property, he or she is still liable. Depending on the severity of the injury, the police may or may not have jurisdiction. However, they can still write a report about what occurred. A common private property accident is a fender bender in a store parking lot. If you have been injured in an accident on private property, please contact our office at 702-522-0696 so we can help you protect your interests.

Can you call the police for an accident on private property?

Yes! You can call the police for accidents and incidents on private property. This is always a smart thing to do because you get another set of eyes on the scene which can help establish who is at fault. A police report is extremely valuable when its time to make your case.

Common types of private property accidents

Car accidents on private property

A car accident on private property is extremely common. If your accident took place in a parking lot or off the street anywhere, it's likely a private property accident. You still have rights when a car accident takes place on private property! The main difference is that the police may choose not to respond to this sort of accident without a request.

Slip and Fall accidents on private property

Slip and Fall accidents probably happen MORE often on private property than anywhere else. When an apartment owner fails to take care of ice on stairs, or a grocery store fails to clean up a dangerous spill, or a casino lets a drink sit on the floor these can cause damaging injuries with terrible consequences. To deal with these types of cases, your personal injury attorney needs to know how to face down the insurance companies, gather evidence, and prove your case in court.

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Personal Injury - 12/31/2014

Hit and Run Accident Attorney in Henderson

A hit and run occurs when a driver flees the scene of an accident before providing his or her information. If the police are successful in finding the driver after the fact, he or she may face criminal charges and civil liability. Moreover, his or her insurance will be liable if the driver is at fault. However, if the other driver is not found, you will likely have to make a claim on your insurance under your uninsured driver policy. Click here for an explanation of uninsured/underinsured benefits. This may put in you in adversarial relationship with your insurance company. If you have been the victim of a hit and run, please contact our office at 702-522-0696 so we can help you protect your interests.

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Personal Injury - 12/31/2014

Medical Mistakes Attorney in Henderson

According to the American Association for Justice, preventable medical errors are the sixth most common killer in America. As many as 98,000 people die each year from preventable medical errors and thousands more are injured. Shockingly, “never” events such as operating on the wrong patient, wrong site or wrong side still routinely occur in hospitals around the country. In addition, it is estimated that 18% of hospital patients are injured in the course of their care, many of them fatally. If you have been injured by a medical professional or your loved one has died as a result, please contact our office at 702-522-0696 so we can assist you in evaluating your case.

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Personal Injury - 12/31/2014

Medication Side Effects Attorneys

Medication Side Effects

Many people are injured every year by unsafe medications. Surprisingly, despite the safety-testing that companies are required to perform on new medication, many drugs reach the market that have adverse side effects. This is because the testing process is cut short, rushed or the product is tainted during manufacturing. If you have been injured by a medication, please contact our office at 702-522-0696 so we can assist you in evaluating your case. The companies that produce medications may be liable under the following legal theories:

Failure to Warn—A drug company is required to report all known risks associated with its drugs. If a manufacturer does not provide warnings about a side effect, the company is liable for injuries relating to such side effect.

Inadequate Warning—A drug warning may be inadequate if it omits information about risk or is presented in such a way that it does not convey the importance of the information.

Negligence—A manufacturer is negligent if it doesn’t meet reasonable standards of testing, safe production, delivery or handling of a drug.

False Marketing—False marketing occurs when a company markets its products to doctors and the public for uses for which the product was not originally approved.

Contaminated Drugs—If a drug is contaminated during the manufacturing process, the drug company can be liable for adverse side effects.

Personal Injury - 12/31/2014

Taxi Accident Attorney in Henderson

Taxi Accidents

Given the prevalence of taxicabs in Henderson, it is common for cabs to have accidents and for their passengers to sustain injuries. Thankfully most taxi companies carry mandatory insurance so your chances of recovery are better than the average automobile accident. In addition, many taxicabs record their drivers so there is ample evidence to show whether the taxi driver was at fault.

If you are a local or out of town visitor and have been involved in a taxi accident, please contact us at 702-522-0696 so we can assist you in evaluating your case.

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Personal Injury - 12/31/2014

What we offer

Contact Info

1671 W Horizon Ridge Pkwy Suite 200,
Henderson, NV 89012

+1 702 522 0696
info@clearcounsel.com

Daily: 9:00 am - 5:00 pm
Saturday & Sunday: By Appointment Only

Nothing on this site is legal advice.