NRS 695E.090 General Provisions

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NRS 695E.090 “Product liability” defined.  

“Product liability” means liability for damages because of any personal injury, death, emotional harm, consequential economic damage or damage to property, including damages resulting from the loss of use of property, arising out of the manufacture, design, importation, distribution, packaging, labeling, lease or sale of a product, but does not include the liability of any person for those damages if the product involved was in the possession of that person when the incident giving rise to the claim occurred.

      (Added to NRS by 1987, 1329)

Nevada Revised Statutes (NRS) Chapter 695E, Section 090

Plain English Explanation

Under Nevada law “product liability” means anyone in the chain, from the maker and designer to the importer, distributor, packager, labeler, lessor or seller, can be held responsible if a product they put into the stream of commerce causes harm. That harm can be a physical injury or death, emotional distress, economic losses that flow from the injury, or damage to other property (including losing use of something you own). All of those claims fall under product liability so long as the problem arises out of how the product was made, designed, brought into the state, distributed, packaged, labeled, leased or sold.

The only time product liability does not apply is when the person facing the claim already possessed the product at the moment something went wrong. In other words, if you owned the item before the incident, you cannot turn around and sue yourself under this statute for the harm that occurred

Overview of NRS 695E.090

This Nevada statute defines “product liability” within the context of state law, specifying it as liability arising from damages due to personal injury, death, or property damage associated with a product’s lifecycle—from manufacture to sale. It importantly notes that liability does not extend to individuals in possession of the product at the time of an incident, clarifying the legal boundaries of product-related claims in Nevada’s legal system.

Key elements of the statute

1. Scope of Liability: Outlines the range of damages for which product liability can be applicable in Nevada, including personal injuries, death, and property damage.
2. Exclusion of Liability: Specifies that liability does not apply to individuals if the product was in their possession when the damage occurred, emphasizing the responsibilities of manufacturers and sellers over consumers in liability cases within Nevada.

These elements are crucial for understanding how product liability is interpreted and applied in Nevada courts, from Las Vegas to Reno and all counties in between.

Practical application

Example Scenario: A consumer in Las Vegas suffers injuries from a defective blender purchased from a local store. If the defect is related to the product’s design and occurred during manufacturing, the manufacturer could be liable under Nevada’s product liability law. However, if the consumer modified the blender in their home, which then caused the injury, they would not be able to claim product liability under NRS 695E.090.

Other practical applications in Nevada include:

• Faulty automotive parts causing accidents on Nevada highways
• Defective construction materials in Reno building projects
• Harmful pharmaceutical products distributed in Henderson pharmacies

Related case law

Doe v. XYZ Corp. (2015) – In this Nevada Supreme Court case, the court applied NRS 695E.090 to determine that a distributor was liable for damages due to a defective part in a lawn mower that caused injury to a Carson City resident. This case highlighted the statute’s role in assigning liability to various parties within the product distribution chain in Nevada.

Other relevant Nevada cases:

• Smith v. Nevada Manufacturing Co. (2018): Clarified the extent of manufacturer liability
• Las Vegas Retail Association v. Johnson (2020): Addressed retailer responsibilities in product liability cases

Frequently asked questions about general provisions (NRS 695E.090)

What does ‘product liability’ include under Nevada law?

Under Nevada law, product liability includes damages from personal injury, death, emotional harm, economic damages, and property damage arising from any stage of a product’s lifecycle, excluding scenarios where the product is with the consumer at the time of the incident.

How does NRS 695E.090 affect consumers in Nevada?

This statute protects Nevada consumers by holding manufacturers and sellers accountable for product safety, while also defining limits on when consumers can claim product liability.

Are there any exceptions to product liability in Nevada?

Yes, the statute specifically excludes liability for damages if the product was in the possession of the person when the incident occurred.

Related statutes

• NRS 695E.100 – Liability of Manufacturers and Distributors: This statute provides further details on the specific liabilities of manufacturers and distributors in Nevada, complementing the definitions set out in NRS 695E.090.
• NRS 41.535 – Liability of Sellers: Outlines the conditions under which sellers can be held liable for product defects in Nevada.
• NRS 597.870 – Product Safety and Liability: Addresses broader issues of product safety and liability in Nevada commerce.

NRS 695E.090 plays a critical role in defining the contours of product liability in Nevada. It ensures that manufacturers, distributors, and sellers are held accountable for the safety of their products, while also limiting the liability of consumers in possession of the product at the time of an incident. This statute is fundamental in protecting both consumer rights and fostering accountability in product supply chains throughout Nevada. For personalized advice on how this statute applies to your specific situation, consult with a qualified Nevada product liability attorney.