If you have been injured by a defective dangerous product, your claim may be substantially different from claims involving other types of personal injuries. 

Please use this information to help protect yourself and learn about your rights but remember that this information should not be a substitute for professional legal counsel and advice.

Strict Liability.  Nevada law provides for "strict liability" against certain persons involved in the manufacture and sale of defective products.  Strict liability for defective products originated as a solution to problems faced by persons injured by products that were not sold to them by the original manufacturer.  Courts deciding these cases gradually developed public policy arguments so that persons injured by defective products could more easily recover for their injuries.   Persons who may be strictly liable for defective products include but are not limited to manufacturers, distributors, retailers of the product, or anyone else in the chain of distribution for the product. 

Types of Defects.  In order to proceed under strict product liability, the product itself must be unreasonably dangerous.  This usually requires examination of the product by a trained expert.  There are three (3) main types of defects that may make a product unreasonably dangerous.

           Design Defects.  Products that are poorly and dangerously designed.  Proving these types of defects often requires comparison with similar products or reasonable alternatives to the design at issue.
          Manufacturing Defects.  Products that are not made according to specifications.  Relatively simple prove by comparison of the product to the manufacturer's plans or blueprints.

         Failure to Warn.  Products must provide proper labeling and adequate warning and instructions regarding any hidden dangers. 

Assumption of Risk.  The most common defense to claims for product defect liability is that the user or consumer assumed a known risk associated with the product.  This defense requires evidence that (1) that the consumer actually knew and appreciated the particular risk or danger created by the defect, (2) that the consumer voluntarily encountered the risk while realizing the danger, and (3) that the consumer's decision to voluntarily encounter the known risk was unreasonable.

If you have been injured by a defective product, it is important to:

Preserve the Product.  The condition of the product at the time of the injury will be very important to your case.  

After a product causes injury, one of the most crucial and immediate concerns is to protect the product from loss or change.  This may mean putting everyone involved on notice to preserve the product in its unchanged condition; this may mean giving written instructions and demands to investigators, police, tow-truck drivers, etc.   You may need to retain any attorney immediately to protect the product from loss or alteration.

Gather Receipts and Warranties.  Once the product has been preserved, it may be important to determine its history from manufacture to wholesale distribution to retail sale of the product.  Warranties, receipts, and instruction booklets for the product will need to be located and given to your attorney.  Whether or not there have been modifications to the product will also be significant in evaluating your claim.

Contact an Attorney.

Useful Links:
Consumer Law Resource - Contains links to articles about potential defects for several different consumer products.
National Highway Traffic Safety Administration - Searchable database for recall notices for all types of vehicle.
Children Product Recalls - Searchable database for recalls of children�s products and toys.
Government Recall Center - Resource for many types of consumer product safety recalls .