When a defective or dangerous product causes injury in Las Vegas — a defective vehicle component, a dangerous power tool, a recalled appliance, contaminated food or medication, defective safety equipment, or an unreasonably dangerous consumer product — Nevada products liability law provides claims against the manufacturer, the product distributor, and the retail seller regardless of whether the injured person can identify specific negligence in the design or manufacturing process. Nevada follows strict liability for products — meaning that a manufacturer who places an unreasonably dangerous product into the stream of commerce is liable for injuries it causes even without proof of negligence. Marathon Law Group represents Las Vegas product liability victims, pursuing all parties in the chain of distribution for the full compensation available under Nevada law.
Injured in Las Vegas? Call Marathon Law Group at (702) 522-1808 for a free consultation. Our personal injury attorneys work on contingency — you pay nothing unless we win your case.
Nevada Strict Products Liability, Design Defect vs. Manufacturing Defect vs. Failure to Warn, Restatement (Third) of Torts Products Liability Framework in Nevada, Crashworthiness Doctrine, Recall Evidence, Expert Engineering Analysis, and Chain-of-Distribution Defendants
Nevada products liability law recognizes three theories of defect: (1) manufacturing defect — the specific unit that caused the injury departed from the manufacturer’s intended design as a result of an error in the production process; (2) design defect — the product’s entire line was designed in a way that made it unreasonably dangerous, under either the consumer expectations test (the product was more dangerous than the ordinary consumer would expect) or the risk-utility test (the foreseeable risks of the design outweighed its benefits); and (3) failure to warn (marketing defect) — the product was dangerous in a way that was not obvious to the ordinary user, and the manufacturer failed to provide adequate warnings that would have allowed users to avoid the risk. Nevada has adopted the Restatement (Third) of Torts: Products Liability as its governing framework, which requires a plaintiff asserting design defect to show that a reasonable alternative design existed that would have reduced the foreseeable risk of harm. The reasonable alternative design requirement in Nevada design defect cases focuses the litigation on engineering alternatives — the plaintiff’s expert must identify a feasible design modification that would have reduced the injury risk while preserving the product’s primary utility. Vehicle product liability in Las Vegas follows the crashworthiness doctrine: even when the initial traffic accident was not caused by a vehicle defect, a vehicle manufacturer may be strictly liable if a defect in the vehicle’s safety structure enhanced the plaintiff’s injuries beyond what would have occurred in a non-defective vehicle. Common vehicle crashworthiness claims include: defective seatbelt retractors, airbag non-deployment or inappropriate deployment, roof crush in rollover accidents, fuel system fires from rear-end impacts, and seat collapse under crash loading. CPSC recall evidence: when the Consumer Product Safety Commission has issued a recall for a product that later injures a Las Vegas plaintiff, the recall notice and its underlying safety data are powerful evidence of the manufacturer’s knowledge of the danger. Post-recall injury cases are particularly strong because the manufacturer’s actual knowledge of the defect eliminates the warning-adequacy defense and supports punitive damages. Marathon Law Group works with certified product safety engineers and accident reconstruction experts in Las Vegas product liability cases and pursues all members of the distribution chain — from the original manufacturer to the Las Vegas retailer who sold the product.
If you or a loved one has been injured, contact our experienced Las Vegas personal injury attorney at Marathon Law Group. We offer free consultations and only get paid when you win.
For more information about your legal options, visit our Nevada personal injury practice area page or contact us today for a free consultation. You should also be aware of the Nevada personal injury statute of limitations to protect your rights.