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What Is Product Liability?
Product liability refers to the legal responsibility that manufacturers, distributors, and retailers hold when releasing or marketing a defective or dangerous product that results in injuries or damages.
Under product liability laws, products could be considered dangerous or defective if they have a design flaw, manufacturing defect, or lack adequate warnings or instructions.
Product liability lawsuits can result in massive settlements against major companies, such as in the case of:
- Philip Morris's Failure to warn of the risks of smoking
- General Motors' faulty use of Dex-Cool coolant
- Owens Corning's negligence in the use of asbestos in their building materials
While not all product liability cases will be as big as the ones listed above, they can still be major and complex cases, which is why if you have a Las Vegas product liability claim, you need to ensure victory by enlisting the help of an experienced product liability lawyer from the Rodney Okano Car Accident Lawyer Law Firm by calling (702) 566-3600 for a free product liability accident consultation.
What Is the Product Liability Law in Nevada?
In Nevada, product liability is defined under NRS 695E.090, which states:
“Product liability” means liability for damages because of any personal injury, death, emotional harm, consequential economic damage or damage to property, including damages resulting from the loss of use of property, arising out of the manufacture, design, importation, distribution, packaging, labeling, lease or sale of a product, but does not include the liability of any person for those damages if the product involved was in the possession of that person when the incident giving rise to the claim occurred.
In summary, NRS 695E.090 means that any personal injury, death, emotional damage, financial loss, or property damage that arises from a product during any stage (design, manufacturing, labeling, or sale) falls under product liability laws and can be legal grounds for class action lawsuits against the company responsible.
The attorneys at the Rodney Okano Car Accident Lawyer Law Firm have some of the best understanding of product liability law, ensuring that our clients always come out with favorable settlements.
The 4 Legal Theories of Nevada Product Liability Law
Nevada's strict product liability cases are surrounded by four legal theories, which are used to hold companies responsible and compensate victims.
Strict Liability
Nevada law holds manufacturers, distributors, and sellers strictly liable, meaning that in a product liability claim, the victim does not need to prove fault or negligence; they only need to prove that the product resulted in injuries while being used in a manner that was reasonably foreseeable.
Negligence
While not always a requirement to prove in a product liability claim, as companies are held strictly liable under Nevada law, negligence can be established by demonstrating how a product manufacturer, distributor, or retailer failed to exercise reasonable care in designing, manufacturing, or promoting the product.
Breach of Warranty
In Nevada, product liability claims can also be based on a breach of warranty, which includes:
- Breach of Express Warranty: Promises made through labels or marketing
- Breach of Implied Warranty: Expectations under law
Fraudulent Misrepresentation
Fraudulent misrepresentations relate to acts knowingly committed by the company to conceal defects or mislead consumers.
In the event of fraudulent misrepresentation, victims can pursue damages in a product liability claim for intentional misrepresentation.
Is Nevada a Strict Liability State?
In the case of product liability claims, Nevada is a strict liability state.
As Nevada is a strict liability state, manufacturers, distributors, and sellers can be held legally responsible for the injuries and damages caused by their defective product, regardless of fault in the incident.
To prove strict liability in Nevada, the plaintiff must prove:
- The product had a defect
- The product's defect existed at the time of sale and outside of the plaintiff's possession
- The product was used for its intended purpose or in a foreseeable manner
- The product defect caused the injuries and damages that the plaintiff sustained
While under a strict liability system, it may seem easier to win a product liability case, as you don't need to prove negligence to hold wrongdoers accountable, problems can still arise in obtaining fair compensation, navigating the Nevada court system, and proving product defects, so it's highly recommended to schedule a free consultation with an experienced attorney from our top-rated Nevada law firm today to ensure victory in your legal claim.
How Can You File a Product Liability Lawsuit
If a defective product injured you in Nevada, you must understand how to correctly file a product liability lawsuit in order to secure the financial compensation you are entitled to.
The proper steps to file a defective product liability claim in Nevada are as follows:
- Seek Immediate Medical Attention: No matter how minor injuries may be, immediately seek medical treatment for any injuries caused by the defective product so you may get them treated and documented.
- Preserve the Product: Maintain the product in the state it is following the malfunction; also gather any debris that may have come from the product.
- Keep Records: Preserve medical bills, lost wages, photographs of the product, receipts, and any other relevant evidence related to the product.
- Consult with a Nevada Product Liability Lawyer: Talk with an experienced lawyer from our Las Vegas law firm to start your product liability claim and path to a financial settlement.
Types of Nevada Product Liability Cases
There are various types of product liability cases that are all important to understand when seeking to identify which type your product liability case may fall under.
Below, we cover the common types of defective product liability cases seen in Nevada.
Design Defects
Design defects occur when a product's structure is prone to malfunction or poses safety risks.
With design defects, even if a product is manufactured correctly, it may still be dangerous.
Manufacturing Defects
Manufacturing defects arise when a product is improperly designed during the manufacturing process on a specific production line.
A manufacturing defect typically only affects a number of units, unlike a design defect, which affects the entire product line.
Failure to Warn
Companies must use labels or instructions to warn users of dangers that may not be obvious.
When a company fails to provide adequate warnings about its product, it could lead to consumers suffering unsuspected injuries.
Breach of Warranty
Breach of warranty claims occur when a product fails to meet the conditions outlined in the express or implied promise.
Consumer Fraud and Misrepresentation
A company may engage in intentional fraud or misrepresentation by concealing a known product defect from the public.
If a company knowingly conceals its defective products, it could result in both civil and criminal penalties.
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Rodney Okano Car Accident Lawyer is a Las Vegas personal injury law firm with over 20 years of experience helping clients obtain maximum compensation following injuries from accidents such as car crashes, worksite injuries, and slips and falls. Over those years, The Rodney Okano Car Accident Lawyer Law Firm has become an experienced law firm that can ensure exceptional results for any of its clients.
