There are millions of products in our lives. From the things we use to entertain to the things we use every day, without thinking about them. Though it doesn’t happen often, sometimes a defective product is sold to the public. Toys, appliances, furniture, cars, cosmetics and more—anything can be a hazard due to poor design, manufacturing or inferior warning labels.
Examples of defective products include:
- Automobiles (or their components)
- Elevators & Escalators
- Health Products (pain relievers, contact lens solution)
- Landscaping Equipment
- Medical Products
- Recreational Equipment
- Repair Equipment
- Work-Related Equipment
If you’ve been injured by a product, don’t assume it was your fault. And don’t let anyone else suffer the same fate. We will help you get compensated for your injuries, while helping to ensure the product is removed from public consumption.
Sometimes big corporations are so anxious to put new products on the market, they often forget – or deliberately ignore – the need to make those products safe. Dangerous products can and do cause serious injury and even wrongful death.
At Edward M Bernstein and Associates, our team of attorneys has been involved in product liability litigation for more than 30 years, and we are familiar with the physical, emotional and financial damage that a defective product can cause. If you have been injured or lost someone because of a dangerous product, you have the right to file a claim against the supplier or manufacturer of the product.
Assume Products Are Safe? Are you sure?
In the course of our daily lives, we use a number of products. When used as directed, we rightly assume that the products we use are safe and reliable. Unfortunately, thousands of people are injured or killed each year because of dangerous products – from automobiles to insulation to medical devices to pharmaceutical drugs and supplements. The Consumer Product Safety Commission reports over 22,000 deaths and 29 million injuries related to consumer products each year. Annually, consumer products cause more than $500 billion in deaths, injuries and property. We frequently hear of product recalls because of safety and design issues in motorcycles, ATVs, snowmobiles, children’s toys and pajamas – even food, such as peanut butter.
If you were injured by a dangerous product, or if a loved one was seriously injured or killed, it is possible the same product harmed other consumers. At Edward M Bernstein and Associates, we have the legal resources necessary to pursue class action lawsuits.
Product liability cases may include:
- Automotive defects. Defective air bags, seatbelts, car doors; SUV rollovers and car fires that result in paraplegia, quadriplegia or spinal cord injuries.
- Defective tires. Poor materials or manufacturing processes that result in tire blowouts or tire recalls that result in paraplegia, quadriplegia or spinal cord injuries.
- Unsafe baby equipment. These include defective baby car seats, swings, cribs and playpens.
- Defective safety equipment. Unsafe filtration systems that can cause asbestos, silicosis, welding rod claims, and other life-threatening health hazards.
- Defective Mechanical equipment. Conveyor belts, elevators, boilers, forklifts, bulldozers, valves, and other defective machines and equipment that does not function properly.
- Defective tools. Such as saws, sanders and lathes that do not function properly.
- An improperly designed or manufactured product can lead to devastating injuries.
In addition to the cases listed above, Edward M Bernstein and Associates has litigated cases where defective products have caused paraplegia or quadriplegia as a result of spinal cord injuries. A paraplegic is usually paralyzed from the waist down to the toes. A quadriplegic is typically paralyzed from the upper body down. Each paralyzed victim has special medical needs, housing needs and emotional support. We have unfortunately represented many paralyzed victims of negligence and have the resources to have you, or someone you love, evaluated by doctors who concentrates in the treatment, rehabilitation, and evaluation of spinal cord/paralysis injury.
Early investigation of products liability claims can be vital. Appropriate steps to preserve physical evidence, investigate relevant scenes (for example fire losses), and take witness statements are all essential to success. Physical evidence needs to be evaluated by a well-qualified expert as soon as possible. Photographs and videotapes of the product or scene should also be taken as soon as possible. Witness statements need to be taken promptly in order to preserve critical evidence.
At Edward M Bernstein and Associates, we stand ready to represent you and to promptly take the action necessary to gather and preserve important evidence in order to obtain a successful outcome on your behalf.
Negligent Product Design
One of the most common defective product claims involves negligent design. These cases involve the design decisions made by the manufacturer during the creation of the product. The focus of this claim is that, even if the product was in its intended condition, there was something inherently wrong with the product that caused the damage.
To prove that the manufacturer failed to exercise reasonable care, the injured person must demonstrate that the product created an unreasonable risk or foreseeable injury.
To establish a prima facie case, the injured person must present evidence regarding either:
The magnitude of the risk of injury presented by the defect in the product and the reasonableness of the proposed alternative designs, or
Other evidence concerning the “unreasonableness” of the risks in the design
The application of this approach to each case is critically important. You should consult with an attorney.
Negligent Product Manufacture
In contrast to negligent design cases, a negligent manufacture case focuses on the actual product. The key question is whether the product that caused injury was different from the intended condition.
Even though the focus is on the product, the injured person must still show that the manufacturer failed to manufacture its product so as to eliminate any unreasonable risk of foreseeable injury.
If you have a legal question or would like a free legal evaluation of your claim, fill out the online request or call our office at 702-240-0000.
Edward M. Bernstein is the owner of Edward M Bernstein and Associates, a law firm with offices in Vegas and Green Valley, Henderson. He has served as a Judge Pro Tem for the City of Las Vegas Municipal Court and for the City of North Las Vegas. He was the Democratic candidate for the United States Senate in 2000. He has been appointed by the Governor to serve as a hearing officer for the State of Nevada Personnel Advisory Commission as well as a hearing officer for the State of Nevada Department of Administration and the Nevada Board of Psychological Examiners. Las Vegas personal injury lawyer Ed Bernstein is one of the most experienced Las Vegas personal injury lawyer representing Las Vegas victims who need a Las Vegas personal injury lawyer or a Las Vegas car accident lawyer. If you’ve been hurt, you want a car crash attorney who understands the type of injuries that result from serious car wrecks. That’s exactly what you’ll get the from the law firm of Ed Bernstein and Associates. There are hundreds of accidents in Las Vegas annually and a car accident attorney in our Las Vegas injury law firm can help you recover damages and get compensated for injuries of all types. Our Las Vegas wrongful death lawyers handle injury lawsuits pertaining to medical malpractice cases. If you’ve been hurt by recalled drugs, a pharmacy error, dangerous antidepressants, or risky asthma drugs, where can you turn for help? You may have trusted a drug to help you feel better but now your health is worse. If you had a bad drug reaction, there’s a good chance it may have happened to someone else too. Because there are time limits on filing a claim on a dangerous drug, don’t wait any longer to find out about your legal rights. This website offers information about car accidents, bike accidents, taxi accidents, boat accidents, pedestrian accidents, motorcycle accidents, work injuries, workers compensation, hurt-on-the-job injures, dog bites, animal attacks, slip and fall accidents, casino accidents, medical malpractice, social security disability, people denied social security benefits, food poisoning, nursing home abuse, dental malpractice, chiropractor malpractice, nursing malpractice, healthcare malpractice, insurance disputes, defective products, harmful side effects from drugs like Ortho Evra, Seroquel, Zyprex, Fosamax, Digitek, Levaquin, or Yasmin / Yaz.