In today’s consumer society, we expect a certain level of quality from the goods we buy. We depend on an increasingly large number of products to help us live our lives comfortably and productively. When these products fail and cause personal injury, victims are often left wondering what legal recourse they have in order to right what has been wronged.
Like many states, Nevada acknowledges the “strict liability” of many products manufactured and sold to consumers in the state. Strict liability refers to the idea that even without signs of negligence or intent to harm, product manufacturers are still accountable for what their products do after those products leave the warehouse or manufacturing facility.
While consulting with an experienced product liability attorney should always be a victim’s primary course of action, there are some general points of knowledge regarding strict liability and product liability law to which all Nevada residents should be made aware. Read on to learn more about how strict liability works in civil litigation cases in Nevada.
Key Elements of Strict Liability
To show a defendant was at fault for personal injury resulting from their products, the plaintiff and their product liability attorney must be able to prove a few key factors were present. First, the plaintiff must be able to show that the product in question was defective as a result of the inherent design, manufacturing, or inadequate warning labels included with the product.
The plaintiff must also be able to prove that the product was defective when it left the defendant’s possession (e.g. warehouse or manufacturing facility). Also, the plaintiff must be able to demonstrate that the personal injury resulted from using the product in a reasonable and expected manner based on the stated use of the product. Finally, the team must show that the injury did indeed result from the product and not some other variable or factor.
Considering Product Misuse
Often, individuals who buy a product do so in order to satisfy a need that the product is advertised to solve. For example, welding torches are used to heat and bend metal, along with the use of other safety equipment and tools. If an individual attempted to use a welding torch to heat food in a bowl, and the intense heat caused the bowl to break and cause personal injury, that individual would face a challenge in taking the manufacturer of that product to court.
Ultimately, the decision as to whether or not a product was misused is up to the courts that review the case and issue a determination as to who was at fault. Therefore, consultation with an experienced product liability attorney should be conducted prior to filing suit in court.
Considering Very Dangerous Activity
Some businesses and product manufacturers often need to deal with extremely hazardous materials or equipment in order to accomplish their goals. When accidents of this type occur, the defendants may be held strictly liable for any damage they cause to individuals or the nearby community.
Using Professional Counsel
When accidents occur and injuries result due to issues with consumer products, victims often want to understand their rights to litigation. For years, the attorneys at H&P Law have been helping victims in Las Vegas and Nevada navigate this process. Contact H&P Law today for insight you can trust.
