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Product liability is a manufacturer, distributor or seller’s liability for property damage or injury suffered by a buyer, user or bystander 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. See Young’s Mach. Co. v. Long, 100 Nev. 692, 692 P.2d 24 (1984). The injured plaintiff only needs to show that his injury was caused by a defect in the product and that such defect existed when the product left the hands of the defendant manufacturer or distributor. Shoshone Coca-Cola Bottling Co. v. Dolinski, 82 Nev. 439, 420 P.2d 855 (1966).
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. Lewis v. Sea Ray Boats, Inc., 119 Nev. 100, 65 P.3d 245 (2003). However, warnings do not prevent liability when a defect could have be avoided by commercially feasible design alternatives at the time of distribution. Robinson v. G.G.C., Inc., 107 Nev. 135, 808 P.2d 522 (1991).
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.
If you have suffered harm as a result of a defective product, Behzadi Law Offices in Las Vegas can prosecute a negligence, strict liability or breach of warranty action against the responsible party.