If you have been injured by a defective product, you might be entitled to compensation for your injuries. In Nevada, there are three main types of defective product liability claims that can be filed. Understanding the different types of claims and what type of claim is best for your situation will help you determine the best course of action.
Contact our Las Vegas product liability attorneys at H&P Law if you were injured by a defective product. Our attorneys can explain your rights to sue the manufacturer or other liable parties in your product liability case to recover the compensation you deserve.
Three Types of Product Liability Claims in Nevada
There are three types of defects that give injured victims grounds to file a product liability claim in Nevada.
1. Manufacturing Defects
A manufacturing defect occurs when a product does not meet the safety standards defined by its manufacturer. These defects are usually due to careless production or improper quality control during the manufacturing process. Examples of manufacturing defects include products with faulty components or parts, products with missing components or parts, and products made with inferior materials.
2. Design Defects
A design defect occurs when a product’s design is not safe as intended by its manufacturers, regardless of how it was manufactured. Design defects are common in products that have a flawed design that causes them to be dangerous even if they were correctly manufactured according to the manufacturer’s specifications. Examples of design defects include faulty brakes on cars, faulty ladders that collapse under the weight, and flammable clothing fabric used in children’s sleepwear.
3. Marketing Defects (Failures to Warn)
A marketing defect (also known as a failure to warn) occurs when a product’s packaging or labeling does not contain adequate warnings regarding potential risks associated with using the product. Examples of marketing defects include medications that do not list all potential side effects on their labels and toys with small parts that do not have warnings about choking hazards.
Strict Liability in Nevada
Nevada follows the doctrine of “strict liability” in product liability cases. It means that injured parties do not need to prove negligence on the part of the manufacturer or other liable parties to be entitled to compensation. Under Nevada Revised States § 695E.090, you injured parties can file product liability claims to sue for damages arising from personal injury, death, damage to property, emotional harm, or consequential economic damage.
Strict liability is the legal doctrine that imposes responsibility on the party who manufactures or distributes a defective product, even if they took all necessary safety precautions. This means that victims do not need to demonstrate negligence or fault in order to recover compensation for damages suffered as a result of a defective product. In other words, under strict liability, manufacturers are strictly responsible for any damages caused by their products regardless of fault.
It is important to note that in order to bring an action based on strict liability, the victim must prove that the product was defective when it left the manufacturer’s control and was placed in the stream of commerce. In addition, victims must also prove that the defect was the cause of their injury. This means showing that had the defect not existed, then the injury would not have occurred either.
Get the Guidance You Need
In Nevada, individuals injured by a defective product may file one or more of three types of claims—manufacturing defects, design defects, and marketing defects (failures to warn). It is important to know which types are applicable so that you can properly pursue legal action against the responsible parties. Contact our experienced attorneys at H&P Law today, who can provide guidance on your particular case and help you take the necessary steps toward filing a successful claim. Call (702) 598-4529 now to schedule a free consultation.