Las Vegas Product Liability Lawyer
Product liability is a manufacturer, distributor or seller’s responsibility to compensate people for property damage or injuries suffered by buyers, users or bystanders as a result of a defective product. In Nevada, product liability claims can arise under strict liability theory, meaning the consumer does not need to prove negligence. The injured person only needs to show that his injury was caused by a defect in the product and that the defect existed when the product left the hands of the defendant manufacturer or distributor.
Types Of Defects Leading To Liability Claims
Under Nevada law, strict liability may be imposed even if the product was faultlessly made if it was unreasonably dangerous to place the product in the hands of the user without suitable and adequate warning concerning safe and proper use. However, warnings do not prevent liability when a defect could have been avoided by commercially feasible design alternatives at the time of distribution. Defect claims fall under three categories:
- Manufacturing defects: A manufacturing error may be the result of either human error or defective machinery.
- Defective design: In spite of product testing, defects are sometimes not discovered until after the product goes to market.
- Marketing errors: A marketing error is an error or oversight in properly instructing consumers on the safe use of products or failing to give adequate safety warnings.
In addition, federal laws, such as the Consumer Product Safety Act, can develop safety standards applicable to a specific product, and provide fines as well as civil and criminal penalties for failing to report known risks associated with products. Please see searchable database of products reported as harmful.