LAS VEGAS MANUFACTURE LIABILTY ATTORNEY

How to Prove Liability in a Nevada Manufacturer Defect Case

Our Las Vegas product liability attorneys have extensive experience handling vehicle manufacturer defect claims. Essentially, these types of cases can be brought under three different legal theories:

1. Negligence

First, an auto manufacturer defect case can be brought under Nevada’s comparative negligence statute. Essentially, to prevail in this type of lawsuit, you will need to be able to prove that the manufacturer carelessly put an unsafe product on the market. The unlawful carelessness could have occurred within any of the following stages of the production process:

• Design;
• Manufacturing; or
• Marketing.

If you can prove that a manufacturer’s negligence, at least partially, contributed to your injuries, then you can hold the company legally liable for your damages. These cases require considerable investigation. Often, the negligence occurred because the company failed to conduct proper safety tests or rushed the product onto the market before it was ready.

2. Strict Liability

As Nevada is a strict liability state, you may not need to prove negligence to recover compensation for a manufacturing defect. In strict liability cases, the victim must simply show that they were injured by a flaw in the product. Clearly, this is a much lower bar than is required in standard negligence cases. One complicating factor is that you cannot bring a strict liability case in Nevada if you purchased a product from a second-hand source.

3. Breach of Warranty

You may also have a breach of warranty claim against the responsible auto manufacturer. There are two types of breach of warranty claims:

• Express warranty; and
• Implied warranty.

Essentially, these types of claims involve safety guarantees that the manufacturer or marketer either directly or indirectly made to the consumer. If the actual product failed to live up to the safety promises made by the company, then the manufacturer might be liable for the victim’s damages.