Written By Las Vegas based Law Clerk: Robert Maxey (Las Vegas, Nevada)
If a product is sold in Nevada, it is automatically subject to numerous laws and regulations. Some of these apply to the manufacturer of the product, and fall into responsibilities that must be met in order to sell the product. Manufacturers are responsible for their products under what is called the law of product liability.
This branch of law implicates all entities that were involved with the manufacture and retail sale of the product. The damages caused by a dangerous product can be recovered upon sustained claims of negligence, strict liability, or breach of warranty. Each one of these claims can help earn those who have been harmed.
In Nevada, negligence claims require that a plaintiff prove that (1) there was a duty and responsibility owed by the defendant to the plaintiff or public (2) breach of that duty, (3) causation and (4) the damages that occurred are linked causally to the alleged negligent act.
Strict liability means that the manufacturer of a product is liable if the product was defective in nature. This claim allows for plaintiffs to receive compensation if an action was not negligent, but a product was still dangerous.
Some products have expressly written warranties that are regulated by the Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301 et seq.). This act was primarily targeted for car warranties, but can be applied to all expressly given warranties.
However, there are also implied warranties, which include claims of: implied warranties of merchantability, and implied warranties of fitness.
An implied warranty of merchantability protects a consumer from a product that is below the standard of merchantability; this means that goods must be of the same average quality that is to be expected of similar goods in similar circumstances. Goods must be acceptable for their ordinary purpose, and a seller establishes this implied warranty when (1) the seller is the merchant for the product (2) the buyer uses the product for its ordinary purpose.
Implied warranty of fitness prevents a seller from knowingly selling a product unfit for the intended use of the buyer. To establish an implied warranty of fitness claim it must be proved that (1) the seller has reason to know the buyer’s intended purpose for the product (2) the seller must know of the dependence the buyer has upon the seller’s experience and expertise to sell the appropriate good (3) the buyer when making a decision to purchase the good must, actually, be reliant upon the seller’s experience and expertise. Some exclusions exist to this particular implied warranty, including: instances where a buyer has more knowledge of the product than the seller, or when an entire brand of goods is specified.
If you or someone you know has injured due to a product you have used or feel a manufacturer is at fault, and would like to be represented by a Nevada Product Liability Lawyer, contact our office for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400.