Holding Manufacturers Accountable for Defective Products
In today’s fast-paced world, consumers rely on a myriad of products for daily activities, trusting that these items are safe and effective. However, when products are defective or dangerous, they can cause severe injuries or even fatalities. At Inserra | Kelley | Cooper | Sewell, we are committed to advocating for individuals harmed by defective products, ensuring they receive the justice and compensation they deserve.
Understanding Product Liability
Product liability refers to the legal responsibility of manufacturers, distributors, and sellers for injuries caused by defective or unsafe products. In Nebraska, product liability claims can be based on:
Design Defects: Flaws inherent in a product’s design that make it unreasonably dangerous.
Manufacturing Defects: Errors during the production process that result in a defective product.
Marketing Defects: Inadequate warnings or instructions that fail to inform consumers of potential risks.
Nebraska law allows injured parties to pursue claims under theories of negligence, strict liability, or breach of warranty. Notably, Nebraska has adopted the Restatement (Third) of Torts: Products Liability, which emphasizes the risk-utility test in determining design defects .
Statute of Limitations and Repose in Nebraska
It’s crucial to be aware of the time constraints for filing a product liability claim in Nebraska:
Statute of Limitations: You typically have four years from the date of injury to file a claim.
Statute of Repose: Regardless of when an injury occurs, claims are barred if they are not filed within 10 years from the date the product was first sold or leased for use.
These time limits are strictly enforced and the analysis can be complex, making it imperative to consult with an attorney promptly after an injury.
Common Defective Products
Defective products can span various categories, including:
Automotive Parts: Faulty airbags, brakes, or fuel systems.
Medical Devices: Defective implants or surgical instruments.
Household Appliances: Malfunctioning electronics or kitchen devices.
Children’s Products: Unsafe toys or cribs.
Industrial Equipment: Defective machinery or tools.
These defects can lead to serious injuries such as burns, fractures, or internal injuries.
Compensation for Victims
Victims of defective products may be entitled to compensation for:
Medical Expenses: Current and future healthcare costs.
Lost Wages: Income lost due to inability to work.
Pain and Suffering: Physical and emotional distress.
Property Damage: Costs to repair or replace damaged property.
In some cases, punitive damages may be awarded to punish egregious misconduct by manufacturers.
Why Choose Inserra | Kelley | Cooper | Sewell?
Consumers have a right to expect that products they purchase are safe and properly tested. When manufacturers fail in this duty, serious harm can result. We represent clients injured by defective products, including appliances, electronics, vehicle components, and tools.
Our team investigates design flaws, production issues, and labeling deficiencies. We work with safety engineers and industry professionals to analyze the failures and identify liability.
These claims may involve class actions or mass torts when injuries are widespread. Whether you are one of many affected or pursuing an individual case, we offer skilled guidance.
We seek to recover compensation for all losses, including medical bills, lost income, and long-term disability. Safety must come before profit.
Contact Us for a Free Consultation
If you or a loved one has been injured by a defective product, don’t face the challenges alone. Contact Inserra | Kelley | Cooper | Sewell for a free, confidential consultation. Our experienced legal team is here to support you every step of the way.
Contact Information:
Inserra | Kelley | Cooper | Sewell
6790 Grover Street, Suite 200
Omaha, NE 68106-3642
Phone: 402.391.4000
Toll-Free: 1.800.642.1242
Fax: 402.391.4039
Office Hours: Monday–Friday, 8:00 AM–4:30 PM
After Hours: Call 402.391.4000