A household appliance overheats and causes burns. A vehicle part fails without warning. A power tool breaks during normal use. Injuries involving defective products can happen in many ways, and figuring out who was responsible is rarely easy.
A product liability claim seeks to hold a manufacturer, distributor, seller, or another responsible party accountable when a defective or unreasonably dangerous product causes an injury. Nevada recognizes claims involving manufacturing defects, design defects, and inadequate warnings. Under strict product liability, the injured person generally must prove that the product was defective, the defect existed when it left the defendant’s control, and the defect caused the injury.
Naqvi Injury Law represents injured people in Las Vegas and throughout Nevada in cases involving defective vehicles, medical products, consumer goods, and inadequate warnings. In this guide, we break down the elements of a product liability claim, the Nevada laws that can impact the outcome of your case, and how an experienced product liability lawyer can help you avoid common legal pitfalls.
Table of Contents
What Is a Product Liability Claim?
A product liability claim is a legal action involving an injury caused by a defective or unreasonably dangerous product. Depending on the facts, a claim may involve the manufacturer, a component manufacturer, distributor, retailer, or another business in the product’s chain of distribution.
Unlike an ordinary negligence claim, strict liability does not require proof that the manufacturer acted carelessly. The injured person must instead establish that the product had a defect that caused the injury and that the defect existed when the product left the defendant’s hands.
Who Can Be Held Liable?
Responsibility depends on how the product was made, distributed, and sold. Potential defendants may include:
- The original manufacturer
- A component part manufacturer
- An assembler or installer
- A wholesaler or distributor
- The retailer that sold the product
The product itself is often important evidence, but it is rarely the only evidence that matters. Attorneys and experts may also examine photographs, instructions, warning labels, manufacturing records, incident reports, testing results, and the circumstances surrounding the injury.
What Products Can Be the Basis of a Claim?
Almost any consumer product may become the subject of a product liability claim if a defect causes an injury. Examples include:
- Household appliances
- Vehicles and auto parts
- Children’s toys
- Medical devices
- Prescription drugs
- Tools
- Machinery
- Food, beverages
- Personal care products
The type of product does not determine whether a claim exists. The key questions are how the product was defective, whether that defect caused the injury, and what evidence connects the defect to the responsible party.
The 3 Types of Product Liability Claims in Nevada
Product liability claims generally fall into three categories based on what went wrong with the product. And a single product may involve more than one type of defect.
Manufacturing Defect Claims
A manufacturing defect occurs when a specific product differs from its intended design because something went wrong during production. The design may be safe, but the individual product may not have been made correctly.
For example, brake pads may be properly designed, but a production error could cause the friction material to separate and the brakes to fail. The product liability claim would focus on whether the manufacturing deviation made the product defective and caused the injury.
Design Defect Claims
A design defect exists when the design itself makes a product unreasonably dangerous. Unlike a manufacturing defect, the problem may affect every product made according to that design.
For example, a ladder could be manufactured exactly as planned but still have an unsafe design that creates an unreasonable fall risk.
Nevada uses the consumer-expectation test for strict-liability design claims. Following Ford Motor Co. v. Trejo, a product may be defective when it fails to perform as reasonably expected based on its nature and intended function and is more dangerous than an ordinary user would contemplate.
Failure to Warn Claims
A failure to warn, sometimes called a marketing defect, may arise when a manufacturer fails to provide adequate warnings or instructions regarding a product risk that isn’t obvious.
For example, a prescription drug may create a serious risk that patients would not reasonably know about without a proper warning. Warning issues can also arise with chemicals, power tools, machinery, and other products that require specific instructions for safe use.
Nevada courts have recognized that adequate warnings should communicate dangers associated with a product’s use or foreseeable misuse.
Elements You Must Prove in a Product Liability Claim
To prove a product liability claim, you must present compelling evidence linking the defect to the product, the defendant, and the injury.
The Four Elements Of a Product Liability Claim
- The product was defective. The injured person must identify a manufacturing defect, unsafe design, inadequate warning, or another legally recognized defect. Unlike an ordinary negligence case, the focus is primarily on the defective product rather than whether the manufacturer acted carelessly.
- The defect existed when the product left the defendant’s control. Nevada law requires evidence that the defect was present when the product left the defendant’s hands. Later repairs or modifications may create disputes over when and how the defect developed.
- The defect caused the injury. Showing that a product was defective is not enough. Evidence such as product testing, medical records, photographs, and expert testimony must connect the specific defect to the injury.
- The injury resulted in damages. Depending on the case, recoverable damages may include medical expenses, lost income, reduced earning capacity, property damage, and pain and suffering. Punitive damages may also be available when clear and convincing evidence establishes oppression, fraud, or malice.
Product Misuse and Other Defenses in Nevada
Product misuse may become an important issue when the defendant claims the product was used in an unintended or unforeseeable way. Defendants may also raise assumption of risk or argue that someone substantially altered the product after it left their control.
These defenses are different from ordinary comparative negligence. Nevada courts have held that comparative negligence under NRS 41.141 does not reduce recovery on a strict product liability claim simply because the injured person was ordinarily negligent.
Common Mistakes That Can Hurt a Product Liability Claim
What you do after a product-related injury may affect your personal injury lawsuit later on.
Avoid these common mistakes:
- Throwing away the product. Keep the defective product, packaging, instructions, warnings, receipts, and other materials in their current condition. The product is often key evidence in determining what went wrong.
- Missing Nevada’s filing deadline. Nevada generally gives injured people two years to file a personal injury action under NRS 11.190. Accrual depends on when you discovered or reasonably should have discovered the material facts underlying the claim.
- Delaying medical treatment. Prompt treatment documents your injuries and creates a medical record showing when symptoms appeared. Delays may make it harder to connect the product to your injuries.
- Accepting an early settlement without knowing your losses. An early offer may not account for future treatment, reduced earning capacity, or other long-term effects. Accepting a settlement generally ends your ability to seek additional compensation from the settling party.
- Assuming only the manufacturer may be responsible. Depending on the circumstances, other businesses involved in making or distributing the product may also be responsible for your injuries.
A Note on Modified Products
A product that was substantially changed after leaving a defendant’s control can complicate your claim. The defendant may argue that the later alteration, rather than an original defect, caused the injury.
Do not assume a modification automatically prevents you from bringing a claim. The specific change, who made it, and its connection to the injury may still support your case.
Speak With a Product Liability Lawyer In Las Vegas
If you were injured by a defective product in Las Vegas or Henderson, a Las Vegas product liability attorney at Naqvi Injury Law can help you navigate a path to recovery by evaluating the product and available evidence and holding the responsible parties accountable.
Get started today. Schedule your free consultation.
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FAQ — Product Liability Claims in Nevada
How long do I have to file a product liability claim in Nevada?
Nevada generally provides two years for a personal injury action. When that period begins depends on when you discovered, or reasonably should have discovered, the material facts underlying your claim.
Do I need to prove the manufacturer was negligent?
No, you do not need to prove the manufacturer or seller was careless or knew about the defect in a strict product liability claim. The focus is on whether a defect existed when the product left the defendant’s hands and whether that defect caused your injury.
What damages may be recovered in a Nevada product liability case?
Depending on the case, damages may include medical costs, lost income, reduced earning capacity, property damage, and pain and suffering. Punitive damages may be available in cases involving malicious or oppressive conduct by the defendant.
Can product misuse affect a Nevada product liability claim?
Yes. A defendant may argue that unintended or unforeseeable misuse caused the injury rather than a product defect. Assumption of risk and substantial alteration may also raise separate issues depending on the facts.
Who can be sued in a product liability claim?
Potential defendants may include manufacturers, component makers, distributors, wholesalers, and retailers. Liability depends on the product, defect, and distribution chain involved.