There are several types of claims that could be brought against a manufacturer if a defective product harms a consumer. At Aldrich Law Firm, Ltd., we know how Nevada laws address product liability and when businesses may or may not be liable. Understanding these laws can help you mitigate the risk of litigation and properly defend themselves against claims.
Under Nevada law, consumers have two years from the date of the injury to file a product liability lawsuit. One type of such a claim is a breach of warranty lawsuit. If a seller fails to fulfill the terms of any promise made, the consumer could hold the party responsible. There is also an implied warranty, which essentially states that the product is safe for its intended use.
A negligence product liability claim arises if the manufacturer somehow breached the duty of care to the consumer. In these claims, the consumer must prove that the manufacturer was negligent, through items such as failing to test the product, failing to recall a faulty product or failing to properly design the product.
Lastly, there are strict liability claims, which simply hold the manufacturer responsible for a defective product without putting the burden of proof on the plaintiff.
There are circumstances that could exempt a manufacturer from responsibility for damages. For example, if the consumer did not use the product as it was intended to be used, a court may determine that the manufacturer is not liable. Additionally, if the product was in some way altered from its original form, the consumer may not have a case.
For more information, please visit our page regarding commercial litigation.