Burn injuries caused by defective products are not just painful—they can be devastating, both physically and financially. But what happens in case of Las Vegas burn injuries from defective products: can you sue?
If you’ve suffered a burn because of a malfunctioning device, poorly manufactured appliance, or unsafe consumer good in Las Vegas, Nevada law gives you the right to hold those responsible accountable.
Through a product liability lawsuit, you may be able to recover compensation for medical bills, lost income, emotional distress, and more.
A burn injury lawyer can even seek compensation for up to fourth-degree burns or severe burn injuries for your personal injury claims.
But before you do that, you need to learn the legalities. Therefore, this guide explains what victims of burn injuries need to know, what legal protections Nevada offers, and how to begin your case.
Types of Burn Injuries Commonly Caused by Defective Products
Product defects can often lead to severe injuries, and that’s why burn injury victims sue. Therefore, here’s a breakdown of the common defective product injuries so you can move to the legal process.
1. Thermal Burns
Thermal burns result from direct contact with hot surfaces or flames, such as an overheating hair dryer, a space heater that catches fire, or a kitchen appliance that explodes. When a consumer uses a product as intended and suffers a thermal burn, they may pursue a product liability claim.
These injuries can be severe and require skin grafts, surgery, and long-term care. Nevada law recognizes strict liability, which means victims don’t have to prove negligence—just that the product was defective and caused injury.
2. Chemical Burns
Chemical burns are caused by exposure to caustic or acidic substances. This can occur through defective cleaning agents, beauty products, or mislabeled chemicals.
If a company fails to provide proper usage instructions or safety warnings, it may be held liable under Nevada Revised Statutes (NRS).
For instance, a lack of warning labels or tamper-proof packaging may be seen as a form of inadequate warning, forming the basis for a product liability lawsuit under theories of negligence or strict liability.
3. Electrical Burns
When an appliance or electronic device malfunctions and causes electrical burns, the issue often lies in the manufacturing process. Faulty wiring, inadequate insulation, or design errors can lead to electric shock or fire.
These cases are common in defective home electronics and children’s products. Nevada recognizes manufacturing defects as valid grounds for recovery in product liability lawsuits, even if only one unit out of thousands fails.
4. Radiation and Inhalation Burns
Though less common, radiation burns may be caused by medical equipment or industrial tools. Inhalation burns, on the other hand, often result from breathing in toxic smoke or chemicals released by burning plastic, insulation, or cleaning agents.
These injuries may occur when carbon monoxide detectors or smoke detectors fail to warn users. The failure of these safety devices is a strong basis for lawsuits. This assists with pursuing damages under product liability law.
Legal Theories in Product Liability Cases
If you want to go for burn injury compensation and build a strong case you need to learn about personal injury cases for compensation. This involves understanding basic legal theories for such cases is crucial. Like traumatic brain injuries (TBI) or car accident cases, your specific case plays a vital role when you seek compensation.
Thus, here’s a comprehensive breakdown of the common legal theories for product liability cases:
1. Strict Liability
Nevada courts allow strict liability claims under Restatement (Second) of Torts §402A, meaning victims don’t need to prove negligence. Plaintiffs only need to show that:
- The product was defective;
- It was used as intended;
- The defect caused the burn injury.
This doctrine protects injured consumers and shifts the burden to manufacturers and sellers who introduce unsafe products into the market.
2. Negligence
Victims may also sue under a negligence theory if the manufacturer or seller failed to exercise reasonable care in the manufacturing process, design, or labeling of the product.
This includes failure to perform safety testing or ignoring known safety complaints from other users.
4. Breach of Warranty
A product liability claim may also involve a breach of express or implied warranty. If the product was advertised as safe or suitable for a specific use and failed, this breach can support your burn injury lawsuit. Nevada law holds sellers accountable when they make misleading or false safety assurances.
Who Can Be Held Liable?
Identifying the at-fault party in Las Vegas burn injuries from defective products is crucial. Here are the potential parties that can be at fault in such cases:
1. Manufacturers
Manufacturers are often the first entity sued in Nevada burn injury lawsuits. They are responsible for designing and assembling the product.
If a product has a design defect, the entire line may be deemed unsafe. Manufacturing defects, on the other hand, might affect only specific units due to a lapse in quality control.
2. Retailers
If you bought the product in Las Vegas, the retailer may also be liable under Nevada’s strict liability rules. Even if they didn’t make the product, their participation in the distribution chain can expose them to liability if the product caused burn injuries.
3. Distributors
Anyone involved in getting the product from factory to consumer—including wholesalers and delivery companies—can be held accountable if they altered, damaged, or failed to warn about the product’s safety.
What To Do After a Burn Injury
Taking the right steps after a burn injury can be a lifesaver for victims. Therefore, here are the crucial steps to consider:
1. Seek Medical Attention Immediately
Prompt medical treatment is critical—not only for health reasons but also to create a solid legal record of the injury. Keep copies of medical records, hospital visits, and physician evaluations. Burns may seem minor at first, but worsen over time, especially second-degree burns and third-degree burns.
2. Preserve the Defective Product
Don’t throw away the product. Keep it in the same condition it was in at the time of the incident. Your attorney may need it for expert analysis. If possible, take pictures of the damage and injury site.
3. Document Your Injuries
Photograph visible burns, track symptoms, and record any medical expenses or lost work. You may be asked to verify both economic damages and non-economic damages, like emotional distress and pain.
Time Limits: Nevada’s Statute of Limitations
According to NRS 11.190(4)(e), victims must file a personal injury lawsuit within two years from the date of the injury. Waiting too long could bar you from any recovery. Act promptly to preserve your legal rights and protect evidence.
Compensation You May Recover
- Medical Expenses: Covers ER visits, surgeries, rehabilitation, and medications. Future costs can also be included.
- Lost Wages: If the injury impacts your ability to work, either temporarily or permanently.
- Pain and Suffering: Includes emotional distress, trauma, and reduced quality of life.
- Punitive Damages: May be awarded if the company’s conduct showed deliberate disregard for safety.
Proving Liability in Burn Injury Cases
Proving liability requires:
- Expert Testimony: Engineers or fire experts can demonstrate how the product failed.
- Medical Reports: Show the extent and cause of the burn injuries.
- Photographic Evidence: Helps connect the injuries to the defective product.
- Witness Statements: May support your account of how the injury occurred.
Common Scenarios of Defective Product Burns
1. Household Appliances
Items like ovens, coffee makers, and space heaters are common sources of thermal burns when defects are present. Claims may arise from improper heating mechanisms or a lack of fail-safe design.
2. Beauty and Personal Care Devices
Curling irons, hair straighteners, and chemical peels have led to chemical burns and first-degree burns. Manufacturers may be liable for inadequate warnings or flawed temperature controls.
3. Smoke and Carbon Monoxide Detectors
If these devices fail to alert occupants during a fire or gas leak, the resulting injuries may support a product liability lawsuit. Nevada law holds safety device makers to high standards due to the substantial risk posed by failure.
Emotional and Long-Term Impact of Burn Injuries
Burn victims often suffer lifelong consequences, including:
- Scarring and Disfigurement: May require cosmetic surgery or affect employment opportunities.
- Post-Traumatic Stress: Ongoing therapy and emotional care may be necessary.
- Physical Limitations: Severe burns can restrict movement or cause nerve damage.
These effects justify seeking maximum compensation for all present and future suffering.
Do You Have a Valid Case?
If you were injured by a defective or dangerous product, you may be entitled to substantial financial recovery. Nevada law protects consumers through well-established product liability statutes. Don’t assume your injury was a one-off accident—investigate your legal options.
The right burn injury lawyer can also help you learn your rights in such cases. However, who you choose as your lawyer will have a major impact on how your case turns out.
Contact Bourassa Law Group for Help
At Bourassa Law Group, we understand how devastating burn injuries can be—physically, emotionally, and financially. Our experienced product liability attorneys fight aggressively to hold negligent manufacturers accountable.
Fight Las Vegas Burn Injuries From Defective Products With BLG
If you or a loved one has suffered burn injuries in Las Vegas due to a defective product, call us for a free consultation. Our burn injury lawyers will explain your legal options and help you pursue the fair compensation you deserve.
1-800-870-8910