Product liability is that area of the law that governs entities responsible for placing products into the stream of commerce. Product liability laws also determine who is liable if the prescribed standard of care is not met.
When a defective product causes injury in Las Vegas, the manufacturer, the distributor, the wholesaler, and the retailer who sold the product may all be liable to the plaintiff. The liability in Las Vegas product liability cases can arise from one of four legal theories, which include intentional torts, ordinary negligence, strict liability negligence, or
breach of warranty.
As with most areas of the law, product liability laws in Nevada have evolved over the years. In the early days, manufacturers or suppliers were only liable for injuries to plaintiffs with whom they were in privity of contract. If there was no privity, there was no liability. Eventually, the Nevada courts began to hold manufacturers and suppliers liable for injuries suffered by plaintiffs not privy to the contract.
Product liability claims in Las Vegas can arise from a variety of defective products, including cars, work-related equipment or machinery, defective children’s toys, tires, brakes, or other auto ancillary products, drugs and other healthcare products, cosmetics, household appliances, food products, and power tools.
Negligence
If it is reasonably foreseeable that a product will create a risk of death or injury to a plaintiff if it is not carefully made or supplied, the manufacturer and supplier must carefully manufacture and deliver the product.
Manufacturers or suppliers intentionally placing dangerous products into the stream of commerce are relatively rare. In most product liability claims in Las Vegas, manufacturers and suppliers are sued for unintentional injuries their products have caused. Nevada courts have extended this to include a duty of care in product design. There are situations in which middlemen may also be liable to the plaintiff.
The duty owed by a middleman is to inspect and test the products or, at the very least, to warn the plaintiff about the potential danger involved in using the product. The middleman, however, owes no duty to inspect, test, or warn if he has no reason to know that the product may be dangerous in its regular use.
Strict Liability
Nevada is a strict liability state. Strict liability was established as a matter of public policy because of the danger of placing damaged or defective products into the stream of commerce.
There are several explanations and justifications for imposing strict liability in Nevada.
Firstly, the manufacturers are better positioned to avoid the risk of losses than the consumers.
Secondly, negligence can be challenging to prove in product liability cases. Strict liability represents the only way injured plaintiffs could recover for their injuries. Third, the threat of liability without fault can incentivize manufacturers to ensure their products are safe.
While it is necessary to show that the product was defective and the defect caused the injury, it is not required to offer a specific defect that caused the damage or present expert testimony of a design or manufacturing defect.
A product can be defective for strict liability due to a failure to warn, even if the product is properly designed and manufactured.
In a Las Vegas product liability lawsuit, the plaintiff must prove that the product was used as intended, the product was not significantly altered from its original form, and the defect in the product or flaws in the original design caused the injury.
There are three types of defects that are covered by product liability law – manufacturing defects, design defects, and defects in the sufficiency of warnings that accompany a product.
Exceptions To A Product Liability Claim In Las Vegas
There are several ways that a claimant’s lawsuit against a manufacturer of a defective product could be dismissed.
If the plaintiff makes substantial changes to a product and then suffers an injury, they may be unable to hold the defendant responsible. A court in Nevada could find that those alterations resulted in injuries and not the original design of the product.
When a plaintiff tries to use the product for an unintended purpose or ignores the warning included in the development, they will likely lose the right to collect damages from the defendant.
Under Nevada law, manufacturers are generally not liable for injuries caused by a product substantially modified or misused by the consumer or an intermediary. However, a product manufacturer remains responsible if the alteration was insubstantial, foreseeable, or did not cause the injury.
Pacific West Injury Law – Advocating For The Rights Of Consumers in Las Vegas Product Liability Cases
At Pacific West Injury Law, we are committed to ensuring that liable parties are held responsible for your physical injuries and property damages and that you receive the maximum compensation you deserve.
An experienced product liability attorney at our Las Vegas personal injury law firm can help plaintiffs determine whether to apply strict liability or ordinary negligence in their product liability actions. The determination may hinge on the type of defect that caused the plaintiff’s injuries.
If you or a dear one have suffered injuries from a defective product in Las Vegas, Henderson, or North Las Vegas, let an experienced Las Vegas product liability lawyer at our firm evaluate your case to see if you have a viable claim against those responsible for the defect that led to your injuries.