Most personal injury claims rely on negligence, meaning you must prove that someone failed to act reasonably. However, certain legal theories remove the need to show fault entirely. Strict liability is one of those theories—if it applies, defendants can be held liable for injuries regardless of whether they used care or intended any harm.
In Nevada, strict liability often emerges in cases involving defective products, dog bites, or ultra-hazardous activities. Here is a closer look at how strict liability works. If you need help with a claim, reach out to a lawyer for a free case review today.
Strict Liability vs. Negligence
In a negligence case, you must prove a duty of care, breach of that duty, causation, and damages. Defendants can avoid paying by showing they acted responsibly or that some other factor caused the harm.
With strict liability, the injured person only has to show:
- The defendant was engaged in an activity or made a product falling under strict liability;
- Their injury directly came from that activity or product; and
- They suffered real damages, such as medical costs or lost wages.
You don’t have to prove the defendant failed to act with care. This difference can greatly affect how you pursue compensation.
When Does Strict Liability Apply in Nevada?
Nevada recognizes strict liability in situations where the law deems an activity or product inherently risky. The idea is that certain things are so potentially dangerous that those who engage in them, produce them, or keep them must bear the cost if injuries happen—no matter how careful they were.
While most personal injury cases still hinge on negligence, strict liability can simplify a claim if you fit into specific categories. If your injuries stem from one of these recognized scenarios, you only need to prove that you were harmed and that it was a direct result of what the defendant did or produced.
Types of Strict Liability Cases in Nevada
There are three primary examples where strict liability shows up in Nevada personal injury law, which are:
Defective Products
Perhaps the most common strict liability scenario arises in product liability suits. If you’re hurt by a defective product in Nevada, you may not need to prove the manufacturer acted negligently. Instead, you must show that the product was unreasonably dangerous when it left the company’s control and that you were injured while using it in an intended or foreseeable way.
Defects can involve design, manufacturing, or marketing (like inadequate warnings).
Dog Bites (or Other Animals)
Nevada does not have a universal dog-bite statute that automatically imposes strict liability for every dog-related injury. Instead, the state often uses a “one bite” rule, which generally requires showing the dog’s owner knew or should have known of the animal’s dangerous behavior.
However, if you can demonstrate prior aggression or that the dog is considered “vicious,” the owner might be strictly liable for subsequent attacks. It’s wise to consult an attorney to check how local laws apply, as they can vary based on the exact jurisdiction.
Ultra-Hazardous Activities
In rare cases, a person or company might be strictly liable if they engage in inherently dangerous activities—like handling high explosives or radioactive materials. Since these pursuits come with extreme risks, Nevada courts could impose liability without asking whether the defendant took every precaution.
If you suspect an ultra-hazardous activity caused your harm, an attorney can confirm whether strict liability applies.
Damages Available in a Strict Liability Claim
If you succeed in a strict liability claim, you can usually pursue compensatory damages for both your economic and non-economic losses.
Examples of these include, but are not limited to:
- Medical bills, current and future
- Rehabilitative care
- Lost wages or diminished earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Loss of consortium
Additionally, if the defendant acted with extreme disregard for safety or intentionally withheld crucial information, punitive damages might come into play. While punitive damages are not routine, they serve to punish particularly reckless conduct and deter others from similar acts.
Contact Our Las Vegas Personal Injury Lawyers for a Free Consultation Today
If you suspect strict liability might apply to your case—perhaps due to a defective product or a dangerous activity—you may have a simpler path to compensation than proving negligence. Still, navigating Nevada law can be complex. An experienced attorney can explain how strict liability fits your circumstances, gather critical proof, and fight for a fair settlement or verdict.
Don’t delay in learning about your rights and options. Contact De Castroverde Accident & Injury Lawyers to schedule a free consultation with an experienced Las Vegas personal injury lawyer. We work on a contingency fee basis, meaning that we only get paid if you do, too. Contact us today at (888) 222-9999 to get started.
