The CPSC issued 369 product recalls in 2024, linked to over 800 injuries and at least 25 deaths — and those are just the products that got caught. If a defective product injured you or someone in your family, Nevada law holds the manufacturer, distributor, and retailer accountable even if they didn’t know the product was dangerous.
Under NRS 695E.090, Nevada applies strict liability to product defect cases. That means you don’t have to prove the company was negligent — only that the product was defective and caused your injury. You have two years to file.
Every product defect case in Nevada falls into one of three categories.
Design defects exist before the product is even manufactured. The product was engineered in a way that makes it unreasonably dangerous, regardless of how carefully it’s built. A children’s car seat that fails under cold weather conditions or a space heater that tips over too easily are design defect examples.
Manufacturing defects happen during production. The design was fine, but something went wrong on the assembly line — a machining error, incorrect materials, or a bolt that wasn’t tightened to specification. These defects typically affect individual units rather than an entire product line, and they’re often the reason behind product recalls.
Marketing defects (failure to warn) involve inadequate instructions, missing safety warnings, or misleading claims about what a product can do. If a manufacturer fails to warn consumers about a known risk — or actively encourages a use the product wasn’t designed for — they can be held liable for resulting injuries.
The steps you take after a product injury directly affect your ability to recover compensation.
Get medical attention immediately. Even if the injury seems minor, get it documented. Medical records create the direct link between the defective product and your injuries.
Preserve the product. Don’t throw it away, return it, or try to fix it. The defective product itself is the most important piece of evidence in your case. Keep it exactly as it was when the injury occurred.
Document everything. Photograph the product, the defect, your injuries, and the scene. Save the packaging, receipts, manuals, and any warranty information.
Report it. File a report with the Consumer Product Safety Commission at SaferProducts.gov. This creates an official record and may help identify a pattern of defects.
Don’t give a recorded statement to the manufacturer’s insurance company without consulting an attorney. Anything you say can be used to shift blame — manufacturers commonly argue the consumer misused the product or altered it after purchase.
Nevada’s product liability laws cast a wide net. Anyone in the chain of distribution can be held responsible: the product designer, manufacturer, parts supplier, distributor, wholesaler, and the retailer who sold it to you.
Under strict liability, you don’t need to prove that any of these parties was careless. You need to prove three things: the product was defective, the defect existed when the product left the defendant’s control, and the defect caused your injury.
Nevada’s modified comparative negligence rule (NRS 41.141) still applies. If the manufacturer argues you misused the product and you’re found more than 50% responsible, you recover nothing. But partial fault below that threshold reduces — rather than eliminates — your compensation.
Nevada law allows product liability victims to recover damages for medical expenses (emergency care, surgery, rehabilitation, ongoing treatment), lost wages and reduced earning capacity, pain and suffering, permanent disability or disfigurement, and in cases involving particularly reckless conduct, punitive damages.
Product defect cases involving defective medical devices, defective auto parts, dangerous children’s products, and toxic or contaminated consumer goods tend to carry higher case values because the injuries are often severe and the manufacturer’s knowledge of the defect is often well-documented.
Under NRS 11.190, the statute of limitations for product liability claims in Nevada is two years from the date of injury. If the defect wasn’t immediately discoverable, the clock may start from the date you discovered (or should have discovered) the injury — this is called the discovery rule.
Manufacturers also use a defense called the “statute of repose,” which can limit claims based on when the product was originally sold. Don’t wait. Evidence gets harder to preserve and witnesses become harder to locate.
Product defect cases are complex. They require expert analysis, engineering testimony, and knowledge of federal safety standards that most personal injury claims don’t involve. Having an experienced product defects attorney from the start makes a significant difference.
Attorney Meesha Moulton — recognized as a Top 100 Civil Plaintiff Lawyer by the National Trial Lawyers — represents product liability victims across Las Vegas, Henderson, North Las Vegas, and Clark County.
Contact Meesha Moulton Law for a free consultation. No upfront costs. No fees unless your case results in compensation.
The Law Offices of Meesha Moulton and our product defects attorneys can provide you with legal advice and represent you and your interests during your personal injury case.
If you have been injured by a defective product, we can help you recover compensation for your medical expenses, lost wages, and pain and suffering. Our product defect attorneys can also help you file a personal injury claim against the company responsible for making or selling the item.
If you have been permanently disabled or disfigured as a result of a product defect, you may
also be entitled to compensation for your future losses. In some product liability lawsuits,
punitive damages may also be available.
Through the defective product itself, medical records, expert testimony, recall notices, and similar incident reports from other consumers. Engineering analysis often establishes whether the flaw was in design, manufacturing, or warnings.
Design defects (flawed blueprint), manufacturing defects (production error), and marketing defects or failure to warn (missing or misleading safety information). Each creates a different path to liability.
Any product that is unreasonably dangerous when used as intended or in a reasonably foreseeable way. This includes appliances, auto parts, medical devices, children's products, and food items.
Duty of care, breach of that duty, causation, and damages. In Nevada product liability cases, strict liability often applies instead — meaning you don't have to prove carelessness, only that the product was defective and caused harm.
That's why Nevada uses strict liability. You don't need to prove what the manufacturer knew or how carefully they operated — just that the product was defective and caused your injuries.
Medical bills, lost income, pain and suffering, permanent disability, and sometimes punitive damages. The amount depends on injury severity, treatment costs, and whether the manufacturer knew about the defect.
Preserve the defective product, document injuries, seek immediate medical treatment, and hire an experienced product liability attorney. Expert witnesses — engineers, safety consultants, medical specialists — are typically essential.
