Understanding Product Liability Lawsuits and Defective Product Claims

When you buy a product, you expect it to be safe. But what happens when that product causes an injury? If a product is defective and leads to harm, you may have the right to file a product liability lawsuit. These lawsuits help injured consumers recover financial losses and hold companies accountable for unsafe products.

In this guide, we’ll break down everything you need to know about defective product lawsuits—from the types of defects to legal grounds for a claim, compensation options, and how to file a case. Whether you’re dealing with a faulty car part, a dangerous medical device, or a mislabeled household product, understanding your legal rights is the first step toward justice.

What Qualifies as a Defective Product?

Not every product-related injury leads to a lawsuit. To file a successful liability lawsuit, the product must have a defect that makes it unsafe for its intended use. There are three main types of defects:

Design Defects

These occur when a product’s blueprint is inherently flawed, making all units unsafe. A classic example is vehicles with rollover risks due to a high center of gravity. Even if manufactured perfectly, these products are dangerous by design.

Manufacturing Defects

These defects happen during the production process, meaning that a batch—or even a single unit—could be unsafe. Examples include cars with faulty brakes or medications contaminated during production.

Marketing Defects (Failure to Warn)

If a product lacks proper instructions or safety warnings, it can be considered defective. Some products, like power tools or prescription drugs, are inherently dangerous if misused. If companies fail to provide adequate warnings, they may be liable for resulting injuries.

Certain products are more commonly involved in defective product lawsuits, including:

• Car components (brakes, airbags, steering systems)
• Children’s products (toys, cribs, strollers)
• Prescription and over-the-counter drugs
• Medical implants and devices
• Household electronics and appliances

Legal Theories Behind Product Liability Cases

A product liability lawsuit can be based on different legal principles. The strongest argument depends on the details of the case.

Negligence

To prove negligence, you must show that the manufacturer, distributor, or retailer failed to exercise reasonable care in designing, making, or selling the product. This could include poor safety testing, inadequate warnings, or cutting corners in manufacturing.

Strict Liability

Unlike negligence, strict liability does not require proving fault. If a product is defective and causes harm, the company responsible can be held liable, even if they were not negligent.

“Under Nevada law, a manufacturer can be held strictly liable if a product is defective and causes injury, even if they were not negligent in producing it.” – Nevada Revised Statutes.

Breach of Warranty

Many products come with warranties—either express (stated promises) or implied (expected performance). If a product fails to meet these guarantees, the seller may be held accountable.

False Advertising and Misrepresentation

If a company misleads consumers about a product’s safety or functionality, and that misinformation leads to harm, they may be legally responsible.

Key Laws Governing Product Liability in Nevada

Nevada has its own set of laws governing product liability lawsuits, including:

• Nevada Revised Statutes (NRS) 695E – Outlines manufacturer liability for defective products.
• Consumer Product Safety Act (CPSA) – A federal law that regulates product safety standards.
• Market Share Liability Exception—This exception allows consumers to sue multiple companies proportionally based on their share of the market if a dangerous drug causes injury.

“In 2022, the Consumer Product Safety Commission (CPSC) reported over 12 million units of consumer products recalled due to safety concerns, highlighting the prevalence of defective products.” – CPSC Report.

How to File a Product Liability Lawsuit

Filing a defective product lawsuit requires several key steps. The process may seem overwhelming, but a lawyer can help guide you through it.

Step 1: Gather Evidence

To build a strong case, you’ll need:

• Medical records proving the injury.
• The defective product (if possible).
• Purchase receipts and warranty details.

Step 2: Establish Liability

Determining who is at fault depends on whether the defect occurred in design, manufacturing, or marketing. The manufacturer, distributor, or retailer could be at fault.

Step 3: Determine Damages

A successful lawsuit can recover economic damages (medical bills, lost wages) and non-economic damages (pain and suffering). In extreme cases, punitive damages may apply.

Step 4: Work with an Attorney

Product liability cases can be complicated. An experienced lawyer will handle negotiations, gather expert testimony, and fight for fair compensation.

Defenses Used in Product Liability Cases

Companies facing product liability lawsuits often try to shift blame away from themselves. Some common defenses include:

• Consumer Misuse – Claiming the user altered or misused the product in a way that led to injury.
• Comparative Fault – Arguing that the consumer was partially responsible for the accident.
• Statute of Limitations – If a claim is filed too late, it may be dismissed.

Common Defective Products and Legal Theories

FAQs About Defective Product Lawsuits

What qualifies as a defective product in a lawsuit?

A product is considered defective if it has a design flaw, a manufacturing error, or lacks adequate warnings, making it unsafe for use.

Can I sue a manufacturer even if I was not the one who bought the product?

Yes. Product liability laws protect all users of a product, not just the buyer. If a defective product causes injury, you can pursue a lawsuit.

How long do I have to file a product liability lawsuit in Nevada?

The statute of limitations for product liability cases in Nevada is typically two years from the date of injury. Delays in filing may affect your case.

Do I need to prove negligence to win a product liability case?

Not always. Under strict liability, you only need to prove that the product was defective and caused injury, regardless of whether the manufacturer was negligent.

What compensation can I receive in a defective product lawsuit?

Compensation may include medical expenses, lost wages, pain and suffering, and, in some cases, punitive damages for extreme negligence.

Who can be held responsible in a product liability lawsuit?

Depending on the defect, the manufacturer, distributor, retailer, or seller could be held liable for damages.

Conclusion

A product liability lawsuit can provide financial relief and justice if a defective product has harmed you. Whether it’s a faulty medical device, a dangerous prescription drug, or a malfunctioning household appliance, understanding your rights is crucial.

If a defective product has injured you or a loved one, seeking legal guidance can make all the difference. An experienced product liability lawyer can assess your case, handle negotiations, and fight for fair compensation. Don’t wait—know your rights and take action today.