What are the defenses to a product liability claim?
In Nevada, product liability claims can be brought against any product that causes harm due to defects. There are certain defenses available to those who are accused of producing a dangerous product. These defenses include: 1) Exercise of Due Care: This is when the defendant can prove that they took all reasonable steps to ensure that the product was safe and did not present a risk of harm to the user. 2) Warning: This defense applies when the company has provided a warning about any potential risks associated with the product. The warning must be reasonable and will be evaluated against the circumstances. 3) Unavoidably Unsafe Products: This defense applies when the product is necessary and cannot be made safer without impairment. 4) Contributory Negligence: This defense applies when the user was partially responsible for their own injuries due to their negligence in using the product. 5) Assumption of Risk: This defense applies when the user was aware of the risks associated with the product and chose to use the product anyway. 6) Statute of Limitations: This defense applies when the plaintiff does not file their claim within the period of time specified by Nevada law. By using one or more of these defenses, a defendant can be successful in defending themselves from a product liability claim. The most important thing for defendants to remember is that they have the right to defend themselves and to present evidence in their favor.
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