What is Strict Liability and How Does it Affect a Personal Injury Case in Nevada?
In Nevada, most injury & accident claims are negligence cases. To hold a defendant liable for your injuries in a negligence case, you must prove that their careless/reckless conduct contributed to your accident. However, there are some exceptions. Most notably, Nevada uses a strict liability standard for defective product claims.
With strict liability, a corporation can be held liable for injuries caused by a defective product even if there was no negligence. Companies have a heightened responsibility to ensure their products are safe for consumers. In this article, our Las Vegas product liability attorneys explain the most important things to know about strict liability and how it could impact your legal claim in Nevada.
Definitions You Need to Know
To successfully recover financial compensation in a civil injury claim in Las Vegas, you must prove that the defendant(s) bears responsibility for your accident. Under Nevada state law, there are two main standards of liability:
- Negligence: Most personal injury claims are negligence claims, including car accidents, truck accidents, and slip and fall accidents. Cornell Legal Information Institute defines negligence as the “failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.” With a negligence claim, you must prove that the defendant failed to take proper care.
- Strict Liability: Found in both tort law (civil injury claims) and criminal law, strict liability is an alternative to negligence. In effect, strict liability is a finding of responsibility without a finding of fault. To bring a successful strict liability lawsuit, you are not required to prove carelessness, recklessness, or any other type of wrongful conduct. In Nevada, product liability claims fall under the strict liability standard.
Nevada Follows a Strict Liability Standard for Defective Product Claims
Consumers deserve safe products. You should be able to go to the store—or purchase products online—confident that you are not being offered dangerous or defective goods. To help ensure that people are protected from the risks posed by defective products, Nevada uses a strict liability standard for product liability cases. Big corporations—including manufacturers, distributors, retailers, marketers, and others involved in the production process—can be held strictly liable for an injury caused by a dangerous product.
As noted previously, strict liability is best thought of as liability without consideration of fault. To bring a successful product liability lawsuit on the grounds of strict liability, a plaintiff must prove that they suffered an injury because there was a fundamental flaw (defect) in the product. The plaintiff (injured victim) is not required to prove that the defect in question occurred because the defendant acted in a careless, reckless, or otherwise negligent manner.
Nevada is a strict liability state, and as such, all a plaintiff must do is prove that they were injured by a product, and that it was a flaw in the product’s design, manufacturing, or warning labels that led to the injuries. If the plaintiff can prove that any one of them led to their injuries, they will likely win their case, regardless of how careful the manufacturer was in the creation of the product. Keep in mind though that when trying to prove strict liability, the product must have been purchased directly from the original chain of distribution, and may not have been bought second-hand.
What Do You Have to Show in a Strict Liability Case in Nevada?
Are you preparing to file a product liability claim on the grounds of strict liability in Nevada? If so, it is imperative that you seek counsel from an experienced Las Vegas, NV product liability attorney. There are certain standards that you must satisfy in order to bring a successful legal claim. Here are four key elements of a strict liability defective product claim in Nevada:
1. Existence of a Defect:
- You must prove that the product in question was defective. Defects include design defects, manufacturing defects, and lack of adequate warning labels.
2.Defect in Defendant’s Possession: You must prove that the product was defective at the time that it left the possession of the defendant.
3. Causation: You must prove that your injuries were caused, at least in part, by the dangerous and defective product.
4. Foreseeable Use: You must prove that the product was used in the proper manner or in a reasonably foreseeable manner.
A corporation in Nevada could defend a product liability by undermining any of the aforementioned elements. For example, a defendant in a product liability lawsuit may try to escape responsibility by asserting that the plaintiff (victim) used the product in an improper and unforeseeable manner. An attorney will help you anticipate and prepare for any potential legal defenses.
Strict Liability Exception: Ultra Hazardous Activities
For the most part, strict liability is reserved for product liability cases. However, there is an exception for so-called “ultra hazardous activities.” In effect, a defendant in Nevada could be held strictly liable for injuries caused by certain unreasonably dangerous activities even without a finding of negligence on the grounds that the activity in question was itself ultra hazardous. An ultra hazardous activity is one that is inherently dangerous. As such, individuals, businesses, and other entities must take the utmost level of care.
As an example, Nevada courts have imposed strict liability on people who keep wild animals as pets. Even if they are lawfully allowed to own the animal in question, they are creating a potential safety hazard. Therefore, they are strictly liable for any injuries caused by their animal. If you have any specific question about filing a personal injury claim for injuries caused by an ultra hazardous activity, contact an experienced Las Vegas strict liability lawyer for immediate assistance.
How Our Las Vegas, NV Injury & Accident Lawyers Can Help You Get Justice
Product liability claims are complicated. Even though the strict liability standard does not require
A finding of “fault” or “negligence” to establish liability, it can still be difficult to bring a successful claim and maximize your financial compensation. At Naqvi Injury Law, we have the skills and specialized knowledge to help you maximize your compensation. When you call our Las Vegas law office, you will have an opportunity to speak to a Nevada product liability lawyer who can:
- Listen to your story and answer your questions;
- Explain the state’s strict liability laws;
- Investigate the accident, gathering evidence;
- Handle all of the legal claims paperwork;
- Represent you before the insurance companies; and
- Take action to get you and your family the best outcome.
All product liability claims are unique. The specific facts of the case matter. You need guidance and support from a Nevada strict liability attorney who will put time and resources forward. With many testimonials from satisfied clients and a long record of successful results in injury & accident claims, you can rely on the Las Vegas product liability team at Naqvi Injury Law for top quality legal representation.
Schedule a Free Consultation With Our Las Vegas, NV Personal Injury Attorneys
At Naqvi Injury Law, our Las Vegas personal injury attorneys have extensive experience handling product liability claims. If you have any questions or concerns about strict liability, we are more than ready to help. If you or a loved one was injured as a consequence of a dangerous or defective product, we can help. Call us now or connect with us online for a free, no obligation initial consultation. With a law office in Las Vegas, we handle strict liability claims throughout Clark County, including in North Las Vegas, Henderson, Mesquite, Summerlin, and Boulder City.