What You Need to Know About Manufacturer Liability in a Car Accident

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    July 29 2019

    If you or a loved one has been involved in an auto accident that was someone else’s fault, you may expect the responsible party to pay for your medical bills, lost wages, and property damage.

    Most of the time, a car accident claim will be paid by the at-fault driver and their insurance company.  However, if the accident was caused because of a defective car, truck, motorcycle, or other motor vehicle, you may have a product liability claim.

    What is Product Liability?

    Product liability is a set of legal rules that govern a manufacturer or seller that is responsible for putting a defective or dangerous product into the hands of a consumer.  These laws sometimes make it easier for an injured party to recover damages. Product liability laws are typically based on state laws of strict liability, negligence, or breach of warranty.

    In the past, there had to be a contractual relationship between the supplier of the product and the victim for the victim to be able to recover on a product liability claim.  This requirement no longer exists in most states. Any person who could foreseeably suffer bodily injury from a defective product can recover damages for his or her injuries if the product was sold to someone.

    How to Prove Product Liability After a Car Accident

    In Nevada, to prove product liability after a car accident, you must show that:

    • A product was defective as the result of a design, manufacturing or warning defect;
    • The defect existed when the product left the defendant’s possession;
    • The product was used in a manner which was reasonably foreseeable by the defendant; and
    • The defect was a cause of the damage or injury to the plaintiff.

    See Nevada Jury Instructions 7.02.  BAJI 9.00.

    It might not be immediately obvious at the time of the accident that a manufacturing defect caused a car accident.  This means that even if you think the accident was caused by a defective vehicle, you should handle it the same as you would any other car accident:

    • Seek immediate medical treatment
    • Get information from the other driver (contact information, other driver’s insurance company, car insurance policy number, insurance coverage dates)
    • Obtain a police report or file an accident report if necessary
    • Notify your own car insurance company (putting your own insurance on notice that you may need to file an auto insurance claim)
    • Document the accident scene (take photos of vehicles, location of any red lights or stop signs, close-up photos of any damage)
    • Get contact information for any witnesses 
    • Keep records of all medical expenses, money spent to replace or repair damaged items, and time you were unable to go to work because of the accident.
    • Do not talk to an insurance adjuster before consulting with an experienced personal injury attorney

    If you’ve been injured in a car accident that you think had to do with a manufacturing defect, you should get legal advice from a personal injury lawyer who has experience dealing with product liability cases.

    Experienced Las Vegas Personal Injury Lawyers

    If you or a loved one has been in a car accident, you should speak with an experienced personal injury attorney who can help you protect your rights and advise you if you have a valid personal injury claim.  Our car accident lawyers are experienced at handling car accident cases that involve manufacturer liability.

    If you are looking for a law firm with experienced car accident attorneys, contact Anthem Injury Lawyers today.  Our phone number is (702) 857-6000. We offer Free Consultations.  Our law office is located in Henderson, but we work with clients all over the Las Vegas Valley.

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