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While the laws applicable to defective product cases vary from state to state, there are three legal theories similar to all jurisdictions which may shape the foundation of a victorious product liability case: Manufacturing defect. The injury was caused as a result of defect in the production of the device. Design defect: The design of the product is not feasible. Failure to warn, or "inadequate warning". Potentially hazardous information known but not shared with the consumer. WHO’s LIABLE? Responsibility may possibly extend to persons who did not procure the manufactured goods, but were using the product in a "predictable" manner when then injury occurred. People injured as a result of another individual using a defective product may be able to recuperate any acquired losses if their injuries were caused by the product's defect. It is probable to sue a foreign corporation for a defective product they manufactured, since the sale of their product in the U.S. may make the foreign company subject to the jurisdiction of a state or federal court in the United States. Again, competent counsel is the best way to protect your interests if you have been injured as a result of a defective product. If you have a successful case, you are entitled to compensatory damages, which includes your medical bills incurred as a result of the product defect, reimbursement for any time lost from work, and property damaged as a result of the defective product. You are entitled to damages for pain and suffering you’ve experienced as a result of your injury, and general damages over and above the damages listed above. Punitive damages are not to be had in every case, and the proof requirements are usually stricter than the other damages listed above. IF YOU OR SOMEONE YOU KNOW HAS BEEN SERIOUSLY INJURED, YOU NEED THE LAW FIRM OF BOURGAULT & HARDING CALL 800.880.1438 Copyright 2006 - All Rights Reserved Bourgault & Harding, A Law Firm 1100 East Bridger Ave, Las Vegas, NV 89101 tel 702.384.8023 fax 702.384.5731 Nevada Defective Medical Devices Attorneys Disclaimer: The Las Vegas Auto Accidents, and Big-Rig Accidents, Motorcycle Accidents, Bicycle Accidents, Airplane Accidents, Bus & Train Accidents, Pedestrian Accidents, Boating & Watercraft Accidents, Swimming Pool Accidents, Amusement Park Accidents, Construction Site Accidents, Drunk Driver Accidents, Defective Roads Accidents, Wrongful Death, Spinal Cord Injury, Traumatic Brain Injury, Burn Injury, Animal Attacks/Dog Bite, Slip and Fall Accidents, Premises Liability, Dangerous Drugs Litigation, Defective Medical Devices, Medical Malpractice, Legal Malpractice, Product Liability, Toxic Substances in Nevada. Please contact a Nevada Personal Injury Lawyer, Las Vegas Personal Injury Attorney. This web site is not intended to solicit clients for matters outside of the state of Nevada. ©2006 The Law Offices of Bourgault & Harding. Las Vegas, Nevada Personal Injury Lawyers, serving the communities of: Las Vegas, Clark County Nevada.
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