After getting into a car accident I called Barbara and it was the best decision I ever made. She is amazing! I couldn’t have asked for a better lawyer to represent me. She got me the best settlement to pay back my medi...
The fight with insurance companies is just as hard as fighting for your life after an accident. As long as you dont give up on yourself Barbara will fight for you. The staff at Kidwell and Gallagher were great as well. I...
These two are specialists in two related fields, personal injury and workmen’s comp. Both they and their staff were VERY responsive to me and my questions, and handled my case with patience and competence. I would,...
I feel like kidwell & Gallagher went above and beyond for me. Craig himself and his staff are so nice and helpful. I would highly recommend this law office for your workmans comp/injury needs. You will not be disappo...
The best place to go if you need good hometown lawyers. They are very informative and kept us updated on what was going to happen through out our case.
Was the best experience, we told them the problem and they took over everything, was such a relief. Always there to answer any questions and help is fast is possible.
I was at my job mountain crew changes there in the basement of kidwell and Gallagher
They weren’t able to help with my case, but they directed me to someone who could.
In a recent year, the average jury award for product liability was just over $7 million in the United States.
At Kidwell & Gallagher injury attorneys, we believe that the liable party should be held responsible for your accident. If a mechanical issue caused your car accident, you should be compensated fully for your injuries.
Manufacturers have the duty of keeping consumers safe when selling them products. If you believe that a malfunction or defect in one or more parts of your car caused an accident, then you might have a product liability case against the car manufacturer.
Product liability is when a manufacturer is held responsible for any injuries or damages that a defective product (i.e., a car) causes to a consumer.
Nevada Revised Statute 695E.090 defines product liability as “liability for damages because of any personal injury, death, emotional harm, consequential economic damage or damage to property… arising out of the manufacture, design, importation, distribution, packaging, labeling, lease or sale of a product….”
A car accident claim against a manufacturer may be covered under strict liability law. This means that the manufacturer will be liable for a defective product as long as you (the plaintiff) can prove the following:
(1) The product had a defect that rendered it unreasonably dangerous;
(2) The defect existed at the time the product left the manufacturer; and
(3) The defect caused the plaintiff’s injury.
In suing a car manufacturer, it must be proven that there was a defect in design or manufacturing that caused the accident.
A design defect means that there was a defect in the design of the car but that it was manufactured correctly. An example of this would be the Ford Pinto, which was first introduced in 1971 in North America. The gas tank, which was located in the rear, would explode if the car was involved in a low-speed collision.
Conversely, a manufacturing defect is a flaw in how the car was produced. In a manufacturing defect, the vehicle’s design is safe, but something went wrong during the manufacturing process. A recent example is the Takata airbag recall. The recall was the result of airbags exploding when exposed to high temperatures and humidity for a prolonged period.
Other common vehicle defects may include:
If you have been injured due to a vehicle’s faulty manufacturing or design, you may be able to recover for your losses, known as damages.
Compensatory damages are intended to reimburse you for losses you sustained and come in two forms: economic and noneconomic.
Economic damages account for monetary losses that were suffered by the plaintiff. The compensation is intended to cover you for the specific dollar amount of each loss.
Economic damages include:
Noneconomic damages may also be available to you. While these losses do not have a financial component, they do impact your quality of life.
Noneconomic damages may include:
A Reno car accident lawyer will be able to guide you on what damages you should request based on your particular case.
In the aftermath of a car accident, it may be difficult to discern what caused the crash. If the car has a defect or malfunction, you need to hire an attorney who is not afraid to go up against the manufacturer. Contact us today to schedule your free consultation.
Craig W. Kidwell is the managing partner of Kidwell & Gallagher, Ltd., and exclusively represents injured workers in Nevada. Mr. Kidwell has been practicing workers’ compensation law in Nevada since 1999 and has acted as lead counsel on over 2,000 contested workers’ compensation claims. Mr. Kidwell represents injured workers in Nevada through all stages of Nevada’s complex worker’s compensation system. Craig regularly appears in all levels of Nevada’s administrative workers’ compensation system and has represented injured workers in Nevada’s districts and Supreme Court.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Managing Partner, Craig W. Kidwell who has more than 20 years of legal experience as a personal injury attorney.