In general, if your company manufactures a product that is deemed dangerous or defective, you could be strictly liable for any harm it causes. Nevada holds businesses accountable despite whether or not any overt negligence was involved. Even if you take all the precautions necessary, you may still be on the hook for paying for a consumer’s medical bills and other damages.
That said, there are several ways that a claimant’s lawsuit against your business could be dismissed. For example, under state law, a consumer has two years from the date of the injury to file a product liability lawsuit. Initiating a claim outside this timeframe will likely result in the dismissal of the case.
Further, there are several points that a plaintiff must prove in a defective product case in order to recover damages, such as the following:
- That the product was used as it was intended
- That the product had not been significantly altered from its original form
- That the product’s defect or original design caused the injury
If a consumer makes substantial changes to a product and then suffers an injury because of it, he or she may not be able to hold you responsible. A court could find that those alterations resulted in the incident, not the original design of your product. When a consumer ignores the warning included on your product or tries to use it for an unintended purpose, he or she will likely lose the right to collect damages from you.
While this information may be useful, it should not be taken as legal advice.