Strict Liability for Defective Products
Nevada recognizes strict product liability, meaning a manufacturer or seller can be held responsible for injuries caused by a defective product even without proof of negligence. The key is showing the product was defective and that the defect caused the injury while the product was being used as intended or in a reasonably foreseeable way. This makes product cases powerful tools for injured consumers.
Three Types of Product Defects
Product liability claims generally involve one of three defects: a design defect that makes an entire product line unreasonably dangerous, a manufacturing defect that occurs when a product departs from its intended design, or a marketing defect such as inadequate warnings or instructions. Identifying the type of defect shapes the evidence and experts a case requires.
Common Dangerous Products
Defective auto parts, tires, airbags, and seatbelts, dangerous medical devices and drugs, faulty appliances and electronics, defective machinery and tools, unsafe children's products, and contaminated consumer goods all give rise to product claims. Often the same defect injures many people, and preserving the product itself as evidence is critical.
Building a Product Liability Case
These cases typically require engineering and industry experts to analyze the product, testing, and documentation of the manufacturer's knowledge. Multiple parties in the chain of distribution — manufacturer, distributor, and retailer — may share liability. Under Nevada's modified comparative negligence rule under NRS 41.141, which lets you recover as long as you are not more than 50 percent at fault, an injured consumer can recover even with some fault, and full damages are available for serious injuries.
Injured in Nevada? Get a free, confidential case review today. There's no obligation, and you pay no fee unless you win. Call 973-566-5599.
Frequently Asked Questions
Not necessarily. Nevada recognizes strict liability, so you may recover by showing the product was defective and caused your injury, even without proving negligence.
Yes. Preserve the product and packaging as evidence and avoid altering it. It is often central to proving the defect.
Generally two years from the date of injury under NRS 11.190(4)(e).
This page is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Nevada attorney.