A products liability claim is when an injured person files a civil lawsuit to hold a manufacturer legally and financially liable for putting a defective product into the stream of commerce. These cases fall under tort law. Generally, product liability claims are based on state law. These types of lawsuits are brought under one of three legal theories — negligence, strict liability, or breach of warranty. The information below relates to these cases brought under the legal theory of strict liability.
Elements for a Strict Product Liability Claim
The elements that must be proved by an injured plaintiff in a Nevada strict product liability claim include establishing that:
- The product was defective in its design, manufacture, or advertising and made it unreasonably dangerous;
- The defect of the product existed when the product left the defendant’s possession;
- The product was used by the injured party a manner that was its ordinary use or a use that was reasonably foreseeable by the defendant; and
- The defect in the product was the cause of injury to the plaintiff, resulting in damages.
The plaintiff, or injured party, bears the burden of establishing each and every element in order to succeed. The defendant, on the other hand, needs only to disprove one of the elements to win.
Strict Liability Explained
Nevada law recognizes the doctrine of strict tort liability when it comes to defective product claims. Under this system, the court can apply the law to place legal and financial responsibility for injuries suffered due to defective products on the companies that design, make, and advertise these products. While a manufacturer is not the insurer of the product, the responsibility is placed on the distributor or manufacturer when an injury is caused due to a defective product.
Strict liability under tort law is exactly what it sounds like: When an injury is caused by a defective product, the defendant is held strictly liable for harm suffered. Simply put, the plaintiff does not need to show negligence but, instead, the defendant automatically becomes liable for the harm.
Damages Available to You
If you are pursuing a products liability claim under the doctrine of strict liability, then you do not need to prove that the defendant was negligent. Rather, you just need to show that the product was defective and it caused your injuries. If you are able to establish this, then you are entitled to monetary compensation for harm suffered, including:
- Medical expenses;
- Property damage or loss;
- Lost wages (past and future);
- Pain and suffering; and
- Other damages.
Depending on the egregiousness of the defendant(s), you may also be entitled to punitive damages under Nevada law.
Contact Us Today
If you or a loved one has been hurt in Nevada due to a defective product, contact the Las Vegas personal injury attorneys at H&P Law. We have helped thousands of injured victims and will fight for the money to which you are entitled. Contact us today for your initial case evaluation.
