Category Archives: Nevada

Nevada Refuses to Increase Plaintiff’s Burden Of Proof for Product Liability Design Defect Claim

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In the United States, to prove a products liability claim based upon a design defect, the plaintiff must either meet: (1) the consumer-expectation test, or (2) the risk-utility test, depending upon the jurisdiction. Although Nevada has historically followed the consumer-expectation test, in a recent decision the Supreme Court of Nevada evaluated whether to adopt the more stringent risk-utility test. Ultimately, the court rejected adoption of the risk-utility test and reaffirmed its prior precedent holding that a plaintiff need only meet the consumer-expectation test. See Ford Motor Company v. Trejo, 2017 Nev. LEXIS 90 (September 27, 2017). Continue reading

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