Las Vegas NV Motor Vehicle Defects Attorney

Auto defect lawsuits arise when a product manufacturer releases a defective product that poses unintended and unreasonable risks to end users with normal use. When an auto manufacturer releases a defective vehicle or uses a defective part in production, any affected vehicles will likely pose significant risks to the drivers who purchase those vehicles. If a defective vehicle causes an accident, anyone injured would have grounds for a product liability claim against the manufacturer. At Cogburn Law Offices every skilled Las Vegas car accident attorney can provide superior representation for clients who have been injured in accidents caused by motor vehicle defects.

Three main types of product defects exist, and the plaintiff in a product liability claim must demonstrate that the product in question fits the definition for at least one type.

Common Motor Vehicle Defects

A wide variety of auto defects can cause accidents and injuries. The following are some of the most common motor vehicle defects.

How Does a Plaintiff Prove Negligence in an Auto Defect Accident Claim?

If a defective vehicle or part causes an accident, the plaintiff will not necessarily need to prove that the manufacturer was negligent in the production of the vehicle or part in question. To succeed with a motor vehicle defect claim, the plaintiff must prove that he or she suffered some type of damage through normal, intended use of the product. The plaintiff must also prove that the product in question was defective and the defect caused the claimed event.

Manufacturers of automobiles have a duty to design, manufacture, and market vehicles that are safe for consumers to operate. When manufacturers become aware of an auto defect, they are required to promptly notify consumers and remedy the problem. If they fail to do so, they may be potentially liable for injuries, damages, and death resulting from an accident caused by motor vehicle defects.

Motor vehicle defect accidents may involve more than one responsible party. If you have been involved in such an accident, an dedicated Las Vegas motor vehicle defect attorney can advise you on how to proceed with your claim.

What Is “Strict Liability” in Nevada?

In states that do not follow strict liability laws for product liability claims, a plaintiff must prove that the manufacturer acted negligently in some way that contributed to the defect in question. However, Nevada follows a strict liability law for liability claims. When negligence comes into play in a Nevada auto defect case, a defendant may need to prove it was not negligent in the production of the product in question, but Nevada’s strict liability law places full liability for damages caused by defective products on their manufacturers.

Under Nevada’s strict liability law for product defect claims, a plaintiff does not need to prove a defendant’s negligence, only that the product in question is indeed defective and caused the plaintiff’s claimed damages.

How Does a Plaintiff Prove Breach of Warranty?

Many types of warranties come with consumer products, but they generally fall under the categories of “express” or “implied” warranties. An express warranty is one provided clearly by the manufacturer in advertisements for a product, the product’s packaging, or the product’s instructions. Implied warranties vary from product to product, but there are implied warranties with virtually every consumer product that cover fitness for a particular purpose or appropriate merchantability. Proving a breach of warranty requires establishing the terms of warranty provided by the manufacturer and then proving how the defective product failed to meet those terms.

Contact Cogburn Law Offices

Product liability claims for auto defects can be extraordinarily complex. If you or a loved one suffered injuries and other damages from an auto defect accident, it is important to know your options for legal recourse and work quickly for the best chance at recovery. It is possible that legal actions are already in progress against the manufacturer in question in your own claim, and an attorney can help you make sense of your options for filing an individual claim or joining a class-action lawsuit already in progress.

Generally, it’s best to contact an attorney as soon as possible after any type of defective product-related injury. Handle your immediate medical issues first, and then contact a lawyer as soon as possible after you stabilize. A limited timeframe exists in which a plaintiff may file a product liability claim, so contacting an experienced Las Vegas personal injury lawyer right away to start building your case is important.