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Product Liability Lawyer

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By Rodney Okano, Founding Attorney

Published: February 9, 2025

Skilled Las Vegas Product Liability Attorneys Here to Help

When manufacturing defects occur and injure you or a family member, you have a potential product liability lawsuit that entitles you to financial compensation.

However, when dealing with a product liability case, it's crucial that you have an attorney such as Las Vegas Product Liability Lawyer Rodney Okano and his team to fight on your side, as you may need to go head to head with major corporations.

With over twenty-plus years of experience, Product Liability Attorney Rodney Okano has extensive experience identifying design defects, preparing a winning product liability suit, and going head-on with insurance companies and large corporations.

To work with Attorney Rodney Okano and his law firm, call (702) 566-3600 today for a free initial consultation where you can receive more information about your personal injury case for free.

What Is Product Liability

Product liability refers to the legal responsibility product manufacturers, distributors, and sellers hold for releasing defective or dangerous products that cause harm or pose serious risks to consumers.

Under Nevada law, product liability claims are handled under strict liability, negligence, and breach of warranty laws. Thus, product liability is grouped in the personal injury legal system. 

Nevada Product Liability Laws

Nevada product liability law follows three legal theories: strict liability, negligence, and breach of warranty.

These legal theories are explored in-depth below, allowing you to better understand your product liability case.

Strict Liability in Nevada Defective Product Cases

In Nevada, defective products are subject to strict liability.

This means that victims of a defective product do not need to prove negligence but only that the product had defective features and caused them harm.

Under Nevada product liability law NRS 695E.090, a manufacturer or seller can be held strictly liable if:

  • The product was defective when it left their control
  • The defect in the product caused it to be unreasonably dangerous
  • The defect damaged or injured consumers

Negligence in a Nevada Product Liability Claim

While a consumer can hold a manufacturer or seller strictly liable and not need to prove negligence, there are cases where the consumer can file a product liability claim based on negligence.

These cases generally make the consumer prove that:

  • The manufacturer or seller had a duty to ensure the product's safety
  • They breached the duty of care through careless actions
  • The breach caused harm to the consumer

Breach of Warranty in a Nevada Product Defect Case

Nevada's law allows product liability claims to be filed based on a breach of warranty.

This means that if a product does not meet warranty expectations, a consumer file either under:

  • Express Warranty: When a product does not work as advertised or promised by the seller.
  • Implied Warranty: When a product is impractical for its intended use or lacks promised quality.

What Are the Types of Product Liability Cases

In product liability law, defective products fall into three categories: design defects, manufacturing defects, and marketing defects. 

Design Defects

A design defect is when a product is dangerous because of a flaw in its design.

This means the product's composition is flawed, so even if it is manufactured correctly, it will still pose a risk to consumers.

Examples of a design defect in a product liability case are:

  • The initial design of a vehicle comes with an unstable center of gravity, making it prone to rollover accidents.
  • A household appliances line, which is prone to overheating due to faulty design, catches fire and causes severe injuries.

Manufacturing Defects

A manufacturing defect is where there is an error in the production of the product, making it dangerous.

Unlike a design defect that applies to all products made under that dangerous product design, a manufacturing defect will only apply to the units made under the faulty manufacturing process.

Examples of a manufacturing defect are:

  • Vaccines become contaminated due to a break in the cooling units in a manufacturing plant.
  • A bike frame is cracked in the assembly process.

Marketing Defects

A marketing defect, also known as failure to warn, occurs when a manufacturer fails to provide ample instructions or warnings about a product.

This means that even if a product is designed and manufactured correctly but lacks warning labels or adequate instructions, the manufacturer can still be held liable for injuries caused by the product.

Examples of marketing defects are:

  • A medication sold without disclaimers about potential addiction.
  • A line of jackhammers sold without clear instructions on how to use it.

When Can You Sue for Product Liability?

Under Nevada product liability law, you can sue for product liability when a defective product causes an injury, illness, or financial loss.

Typically, if you have a valid product liability claim, you will be suing the manufacturers, distributors, or sellers.

However, to sue for product liability, you must ensure that you establish these elements:

Who Can Be Responsible for Defective Products

Under Nevada's comparative negligence rule, multiple parties can be held responsible for a defective product that results in injuries or damages.

Commonly at-fault parties for a defective product are:

  • Manufacturers: Usually, the primary party responsible for a defective product. The manufacturers could be major corporations, independent companies, or part manufacturers.
  • Distributors and Wholesalers: The intermediaries between the manufacturer and retailers, such as the suppliers, can be held liable.
  • Sellers: While retailers do not have a part in designing or manufacturing the product, they have a duty to ensure that the products they sell are safe, meaning if a defect arises while the product is in their possession, they can be held liable.
  • Marketers: If marketers or advertisers make false claims about a product or fail to provide proper warning, they can share liability for any damages.

To learn which parties may be responsible in your case, contact a Las Vegas product liability attorney today by calling (702) 566-3600 for a free consultation.

What Do You Have to Prove in a Product Liability Case?

In a product liability claim, you have to prove that the product defect caused your injuries or damages.

In addition, unlike in other personal injury cases, such as car accidents, you do not need to prove negligence under Nevada's strict liability laws.

How Long Does It Take to Settle a Product-Liability Lawsuit

The time it takes to settle a product-liability lawsuit depends on the scale and complexity of the case; however, on average, it could take anywhere from a few months to several years.

More complicated cases, such as defective vehicles, auto parts, or medications, take an average of a couple of years to settle fully.

Factors That Affect a Product-Liability Claim's Timeline

  • Evidence Collection and Case Building (3-6 Months): Gathering evidence and making a case against the product manufacturer, distributor, or seller can be a lengthy process, especially if an extensive investigation is required.
  • Filing a Lawsuit (1-3 Months): Your Las Vegas product liability attorney will file a lawsuit in the Nevada court against the responsible party, giving them 30-60 days to respond to the suit.
  • Discovery Process (6-18 Months): This stage occurs after the lawsuit is filed and involves the plaintiff and defendant exchanging documents, expert opinions, and depositions.
  • Settlement Negotiations (1-3 Months): Negotiations for an agreed-upon settlement amount may occur to avoid a trial.
  • Trial (If Necessary): If a settlement is not reached between both parties, the product defect case will be taken to court. The time of a trial is typically quick, but appeals can greatly increase the length of a trial and settlement.

Frequently Asked Questions About Product Liability Cases

What Is the Difference Between Product Liability and Product Recall?

Product liability is liability a party holds for releasing, promoting, or selling a product with a defect that causes injuries or damages.

Examples of product liability are defective medical devices killing patients or a children's toy lacking a choking hazard warning.

A product recall is a voluntary or government-mandated action taken by a company or group to remove dangerous products from the market to prevent potential injuries or damages.

How Do I File a Product Liability Claim in Nevada?

To file a product defect claim in Nevada and obtain a favorable outcome, you should:

  • Obtain medical treatment
  • Keep the defective product
  • Gather evidence
  • Consult with Las Vegas personal injury attorneys
  • File the claim

In addition, it's important to understand that under Nevada's statute of limitations, you have 2 years from the date of the incident to file a claim.

What Damages Can You Seek in a Product Defect Case?

In a product defect case, you can seek the following damages:

If you seek to obtain maximum damages, contact one of our Las Vegas personal injury lawyers today by calling (702) 566-3600.

Frequently Asked Questions About Product Liability Cases

What Is the Difference Between Product Liability and Product Recall?

Product liability is liability a party holds for releasing, promoting, or selling a product with a defect that causes injuries or damages.

Examples of product liability are defective medical devices killing patients or a children's toy lacking a choking hazard warning.

A product recall is a voluntary or government-mandated action taken by a company or group to remove dangerous products from the market to prevent potential injuries or damages.

How Do I File a Product Liability Claim in Nevada?

To file a product defect claim in Nevada and obtain a favorable outcome, you should:

  • Obtain medical treatment
  • Keep the defective product
  • Gather evidence
  • Consult with Las Vegas personal injury attorneys
  • File the claim

In addition, it's important to understand that under Nevada's statute of limitations, you have 2 years from the date of the incident to file a claim.

What Damages Can You Seek in a Product Defect Case?

In a product defect case, you can seek the following damages:

If you seek to obtain maximum damages, contact one of our Las Vegas personal injury lawyers today by calling (702) 566-3600.

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