Jack’s Got Your Back
Las Vegas Product Liability Lawyers
If you’ve been harmed by a product, whether it’s a faulty appliance, a malfunctioning vehicle part, or a harmful medication, you’re not alone, and more importantly, you have rights. Jack Bernstein Injury Lawyer’s team of personal injury attorneys focus on representing individuals like you, guiding you through the complexities of product liability claims in Las Vegas, Nevada and pursuing any compensation that may be available under the facts and the law.
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Over $500 Million in Verdicts & Settlements
Jack Bernstein stays personally involved in the cases his firm handles. We will investigate your claim and pursue any compensation that may be available under the facts and the law.
*Jack Bernstein has worked on the above cases during his career at this firm or another firm. Past results do not guarantee, warrant, or predict future cases.
See Case ResultsWhy hire Jack Bernstein Injury Lawyers?
Jack G. Bernstein, Esq. has been protecting the rights of injured victims and their families for over 40 years.
Speak to Jack about your caseThe best law firm is without a doubt Jack Bernstein Injury Attorneys, if you think it is impossible they are going to make it possible, they are going to be providing you with excellent service until you receive the best possible result. Many thanks to Mr. Brian and Mr. Jack, also many thanks to Lizzy and Marlene for their excellent service and never forget that,Jack is going to bring you back!!!
$500 million+ recovered
More than 40 years of verdicts and settlements for injured people and their families. Past results do not guarantee your outcome.
Jack is personally involved
You are not a case number. Jack stays involved in your case, and you will always know who is handling it.
We know how insurance companies work
Manufacturers defend these cases with engineers and large law firms. We prepare your case to stand up to them.
Experts who strengthen your case
Engineers, testing labs and product safety experts who show how the product failed.
No fee unless we win
No upfront cost. We advance the expenses of your case, and you pay no attorney fee unless we win.
Free consultation, day or night
Call any time, 24 hours a day. Tell us what happened and you will get an honest answer about your case.
What is product liability?
Product liability refers to the legal responsibility that manufacturers, distributors and sellers in a product’s chain of distribution may bear if a product they place on the market causes harm or injury to a consumer. It operates under the premise that consumers have a right to expect that the products they purchase are safe when used as intended. Should these products fail and cause injury, the entities involved in its production and distribution may be held accountable.
Types of defects:
Product defects largely fall into three primary categories:
Design defects
Manufacturing defects
Marketing (or warning) defects
Potential types of compensation
Medical expenses: Victims of defective products often face hefty medical bills, both immediate and long-term. Compensation typically covers expenses related to hospital stays, surgeries, prescription medications, rehabilitation, and any future medical treatments stemming from the injury.
Lost wages: When an injury renders someone unable to work, whether temporarily or permanently, they lose out on their regular income. Compensation for lost wages aims to bridge this financial gap, ensuring that victims don’t suffer economically on top of their physical and emotional trauma.
Pain and suffering: Beyond the tangible losses, victims often endure significant physical pain and emotional distress. This can include anxiety, depression, PTSD, and the physical pain and discomfort stemming from the injury. While it’s hard to put a precise number on these experiences, they’re essential components of a product liability claim.
Punitive damages: Nevada allows punitive damages where it is proven by clear and convincing evidence that the defendant acted with oppression, fraud or malice (NRS 42.005). These are not tied to the victim’s actual losses but are designed to serve as a penalty to the defendant and a deterrent for other potential offenders, and in an action against a manufacturer, distributor or seller of a defective product the usual limits, three times the compensatory damages or $300,000 where those are under $100,000, do not apply.
Rights and legal aspects
Nevada’s product liability laws: In the state of Nevada, product liability claims are primarily rooted in the principles of negligence, breach of warranty, and strict liability. These principles are how a manufacturer or distributor is held accountable when a product’s defect causes harm to a consumer. Whether the product’s design was flawed, it was incorrectly manufactured, or there was a lack of proper warnings, the law protects consumers and their rights. Statute of limitations: A claim for an injury caused by a defective product is an action to recover damages for injuries to a person, which must generally be commenced within two years (NRS 11.190(4)(e)); an action for taking, detaining or injuring personal property is three years (NRS 11.190(3)(c)). Different deadlines and exceptions can apply depending on the claim and its circumstances. It’s imperative to act promptly and not to assume that an exception applies to you, as a claim filed after the deadline that governs it might not be entertained by the courts. The burden of proof: The elements below belong to the strict liability route, the one Nevada adopted for bottled beverages in Shoshone Coca-Cola Bottling Co. v. Dolinski, 82 Nev. 439, 420 P.2d 855 (1966), where the court said the plaintiff’s case consists of proof that the injury was caused by a defect in the product and that the defect existed when the product left the hands of the defendant, and extended to the design and manufacture of all types of products in Ginnis v. Mapes Hotel Corp., 86 Nev. 408, 470 P.2d 135 (1970). A negligence claim or a breach of warranty claim is proved differently, and which theory fits your facts is a question for your attorney. On the strict liability route, the injured person’s case is generally described as proof that:
- The product was indeed defective.
- The defect was present when it left the defendant’s control.
- The product was used in a reasonably foreseeable manner.
- The defect directly resulted in the plaintiff’s injuries.
Common products & scenarios
Automobiles: There have been several instances where vehicle components have malfunctioned, leading to accidents. This includes cases with brakes not responding, airbags failing to deploy or causing more harm when deployed, and tires bursting prematurely.
Medical devices: Medical advancements are typically a boon, but they come with their risks. Cases have emerged involving pacemakers that malfunction, joint replacements causing more harm than good, or mesh implants resulting in severe complications.
Children’s toys: Every year, there are recalls on children’s toys that pose significant risks. Whether it’s due to small parts causing choking hazards, toxic materials, or designs that can lead to injury, ensuring child safety is paramount.
Household appliances: Our homes are filled with gadgets and devices meant to make life easier. However, defects in products like blenders leading to lacerations, malfunctioning heaters causing fires, or ovens that explode or emit harmful gases pose severe risks.
Steps to take if you suspect a product defect injury
Ensure safety
Collect evidence
Seek medical attention
Consult with an attorney
Remember, if you believe you or a loved one has been harmed by a defective product, don’t hesitate to reach out for a free consultation. Knowing your rights and getting the right representation can make all the difference.
Not sure whether the product is to blame?
You do not need to know which part failed or who made it before you call. Tell us what the product did and what happened, and Jack will tell you honestly whether it is a case worth bringing and what would come next.
Free consultation · No fee unless we win · Available 24/7
Why choose Jack Bernstein Injury Lawyers
Experience: With decades of experience representing victims in Las Vegas, Jack Bernstein Injury Lawyers have built a reputation for handling complex product liability cases with precision and tenacity.
Proactive approach: Our team conducts thorough investigations, collaborating with industry experts to gather and document the evidence supporting your claim.
Client-centric: Our commitment is unwavering. We prioritize our clients, advocating for their rights and pursuing any compensation that may be available under the facts and the law.
Product liability lawsuit FAQs
Have questions about your case?
Every product liability case is different. These answers cover the general rules; what applies to you depends on the facts.
Call us any time, 24 hours a day, and we will go through the specifics with you. It is free, and there is no obligation.
(702) 633-3333 Free consultation · Available 24/7 Or send us the details onlineWhat is product liability?
Product liability refers to the legal responsibility of manufacturers and distributors when a defective product they produced or sold causes harm to a consumer.
How long do I have to file a product liability lawsuit in Nevada?
A claim for an injury caused by a defective product is an action to recover damages for injuries to a person, so it must generally be commenced within two years (NRS 11.190(4)(e)); an action for taking, detaining or injuring personal property is three years (NRS 11.190(3)(c)). Different deadlines and exceptions can apply depending on the claim and its circumstances, so consulting an attorney promptly is essential.
Do I need to have the defective product in my possession to file a claim?
Keep the product if you possibly can. In a design or manufacturing defect claim it is usually the central proof, an engineer needs to examine it, and letting it go can hand the other side an argument that you destroyed the evidence. A claim can still be built from photographs, purchase and repair records, the packaging, warnings and witness accounts where the product is genuinely gone, but that is a harder case, not an equivalent one. Do not throw anything away, including the parts, before speaking to an attorney.
What types of compensation can I expect in a product liability lawsuit?
Compensation can cover medical expenses, lost wages, pain and suffering, and in some cases punitive damages, which require clear and convincing evidence that the defendant was guilty of oppression, fraud or malice and which are not subject to Nevada’s usual limits in a claim against a manufacturer, distributor or seller of a defective product.
Are product liability cases settled out of court or go to trial?
Most of these cases are resolved by settlement rather than by a verdict, but not all of them are, and no one can tell you at the outset which yours will be. If a fair agreement is not reached, the case goes to trial, so it should be prepared for that from the start.
Is there a difference between a product recall and a product liability claim?
A product recall is a proactive measure taken by companies to prevent harm, while a product liability claim is a legal action taken by a victim after an injury has occurred.
I was injured by a product, but I didn't use it exactly as instructed. Can I still file a claim?
Possibly. The question is whether your use of the product was reasonably foreseeable, not whether you followed the instructions to the letter, and a product that was unreasonably dangerous can still support a claim. How you used it also comes back as your own share of the fault: under Nevada’s modified comparative negligence rule (NRS 41.141), your damages are reduced in proportion to your share, and you recover nothing if your negligence was greater than the negligence of the defendant, or the combined negligence of the defendants you are suing. Tell us how the injury happened and we can tell you where that leaves your claim.
Can I file a claim if a loved one died due to a defective product?
Yes. If a defective product caused the death of a loved one, the deceased person’s heirs, meaning the people who would inherit under Nevada’s intestate-succession law, and the personal representative of the estate may each bring a claim. Which relatives qualify as heirs depends on who survived, so an attorney confirms who has the right to file.
How does Jack Bernstein Injury Lawyers approach product liability cases in Las Vegas?
Our team adopts a proactive approach, conducting thorough investigations and collaborating with experts to build an evidence-backed case.
What should be my first step after a product-related injury?
Ensure immediate safety, seek medical attention, and then consult with a knowledgeable product liability attorney to discuss your potential case.
Related reading
Contact us for a free consultation
If you or a loved one have been injured by a defective product, contact Jack Bernstein Injury Lawyers for a free, no obligation consultation with experienced personal injury lawyers. You will gain an advocate for every stage in the claims process, and we will pursue your claim to a resolution.
Jack Bernstein Injury Lawyers is available to help you handle your accident claim in the Las Vegas metropolitan area and beyond. Jack Bernstein and his team can offer you personalized service and legal representation.
Call us at (702) 633-3333 or contact us today for a free consultation to discuss your case.
Find out what your case is worth
Free, confidential evaluation in as little as 5 minutes. Contact us today to speak to Jack personally.







