Ways you may be a victim of product liability
When consumer trust is betrayed through the defective design or manufacture of products we use resulting in injury or damage, a Las Vegas product liability attorney at Day & Nance can provide you with the assistance you need. We understand the complexity of defective product cases. The purpose of products liability law is to ensure that the costs of injuries resulting from defective products are borne by the parties who place such defective products on the market. There are three theories of liability upon which product liability cases are predicated:
- Breach of warranty
- Strict products liability
Negligence looks to the reasonableness of the manufacturer's or supplier's actions. A manufacturer must use reasonable case when designing, manufacturing, inspecting and testing their products. Manufacturers and sells must also use reasonable case in warning consumers of potentially dangerous condition. If a consumer is injured as a result of a manufacturer's failing to use reasonable care in the design, manufacture and distribution of their products, they may be held liable under a theory of negligence.
A product liability case may also be based on a theory of breach of warranty. Most sales contracts contain express or implied warranties. When the warranties are breached, an injured party may recover damages resulting from the breach. Often the manufacturer will include disclaimers in the sales contract that make it difficult to sue under a breach of warranty theory of liability should the product's defect fall under the disclaimer.
Under the strict products liability theory, it is not necessary for the consumer to show that they were injured as a result of a manufacturer's negligence or breach of warranty. With strict product liability, Nevada does not require proof of fault on behalf of the designer, manufacturer or seller. Strict product liability only requires that:
- The product was defective
- The defect existed when the product left the manufacturer and entered the stream of commerce
- The defect caused the victim's damages.
The product can be defective as a result of design, manufacture, or because of the manufacturer's failure to warn