Food and goods are recalled each year by either the manufacturer who has found issues with one of their products or by way of regulatory agencies who have found issues like the U.S. Food and Drug Administration (FDA). Should the FDA find a problem with a product they can go through the U.S. Consumer Product Safety Commission to move forward with legal action. This agency will facilitate the actions necessary to get a company to issue a recall. Even when a product is recalled, a person who sustained an injury from that product still has a place to file a claim.
In Nevada, the product liability laws NRS 695E.090 holds all parties responsible for the manufacturing and marketing of a product that is recalled to be responsible for damages that it may have caused the public. The parties included in this shared responsibility include:
One may ask why there need to be so many parties involved, but the reason makes good sense. Because there could be large payouts necessary to multiple victims, having more parties involved better ensures the opportunity for coverage of compensation to all those who were affected. Each of these parties will use their lawyers to fight it out between themselves to find responsibility. When any of these entities go into business they are generally going to carry insurance specifically for this outcome of potential product liability claims against them.
Claims that are made will be based upon either:
Negligence on the part of the defendant’s actions where they did not take reasonable steps to ensure the products they put out to the public were safe.
Product liability where the defect existed when it left the defendants possession and it directly caused the plaintiff’s injury, Nev. J.I. 7.02
Damage to Claims by Ignoring Recalls
If a consumer was made aware that a defect existed and a recall was made they are expected to comply with the recall in order to stay safe. If they decide not to comply, they are putting themselves in significant risk of injury. That then shifts the blame to the consumer who is making a willful decision to take on such risks and this could be enough to nullify a claim when an injury occurs.
Defective Product Accidents in Nevada
There are some do’s and don’ts when it comes to gaining compensation from a defective product. It can be challenging for you to figure out where the liability falls and if you have a valid claim for your injuries that can pursue compensation. For this reason, obtaining professional help and legal representation is necessary to ensure that your rights are protected and you receive the compensation you deserve for your damages.
A Nevada defective product injury lawyer at the Cottle Firm knows how to do the paperwork and figure out where liability falls to compile a solid claim on your behalf. You deserve to be safe when you are purchasing a product as a consumer. Let the Cottle Firm’s Las Vegas personal injury attorneys help you with your defective product claim by calling us at 702-722-6111.