Negligence is the main cause of personal injury accidents in Nevada. The most common examples are automobile accidents and construction accidents. To seek a Personal Injury claim, the liable party has to be proven guilty of neglectful conduct. However, in certain exceptional cases, the incident caused can be due to a faulty product as well.
In case the accident was caused due to a defective product (such as a piece of equipment), the manufacturer can be held liable for the injuries. Here, we will learn more about strict liability in Nevada and what you need to know.
Product Liability Standards in Nevada
The state follows stringent liability standards for claims on defective products. All an individual has to do is prove that they were injured due to the flaws in the product. If the plaintiff is able to prove that the injury is caused due to design or manufacturing errors, they are likely to win the case. However, the product should be bought from authentic outlets and should not be second-hand.
Elements to be Proven in a Strict Liability Claim
The following things have to be proven by the plaintiff:
Defect or Flaw in the Product
It has to be proven that the product had flaws that made it unreasonably dangerous. Any flaws in the design, manufacturing and advertising can be included in the evidence.
Pre-Existence of the Defect
The defect or flaw in the product should exist before leaving the hands of the manufacturers. If the defect was caused after reaching you, then the manufacturer would not be at fault.
Rational and Normal Use of the Product
You have to prove that you used the product in a way it is meant to be used under normal circumstances. Proving that you were injured while using the product in a foreseeable manner is important.
The Product Caused the Injury
Proving that your injury was due to the malfunctioning of the product is important.
Compensation Available to You
If you have sustained injuries due to a malfunctioning product, you have the right to receive suitable compensation. If you win the lawsuit, you are entitled to monetary compensation for:
You might have incurred expenses to treat your injury. The liable party is responsible to pay for the medical expenses incurred by you.
Damage or Loss to Property
In case of damage to your property or your property is lost due to the circumstances during the accident, the liable party has to pay for it.
Compensation for Lost Wages
Your work may have suffered after the accident and you might have lost wages because of it. In such a case, the liable party has to pay for the money you have lost.
Suffering from a personal injury can be challenging for you and your family. Contacting an experienced attorney can help you with your legal proceedings. Your attorney will give you a better chance of winning the case against the liable party.