Strict liability claims allow injury victims to recover compensation without proving negligence. Learn how Nevada's strict liability works in product liability cases and ultra-hazardous activities, and when you may have a claim.
How Do You Prove Strict Liability in a Product Liability Case?
Products offered for use by consumers should be safe. In other words, consumers who purchase products should be able to do so with the confidence that such items will not cause them injury. To help protect consumers from the dangers presented by defective products, the state of Nevada imposes a strict liability standard for product liability lawsuits. Companies, including distributors, retailers, marketers, manufacturers, and other parties that are involved in the production process, may be held strictly liable in a personal injury lawsuit when a dangerous product injures a consumer. To succeed under a theory of strict liability in Nevada, an injured party must prove the following elements:
- A product was defective due to its design, manufacturing, or a company’s failure to provide a proper warning to consumers about the dangers posed by the product
- The plaintiff used the product in a way that was reasonably foreseeable
- The product defect was in existence when the product left the possession of the defendant in the case
- The product defect was the cause of the plaintiff’s injury
In typical personal injury cases, you must prove intent or negligence. However, in a product liability case based on strict liability, the defendant can be liable even if they weren’t negligent.
