Nevada Complaint regarding Strict Product Liability - Breach of Expressed Warranty, Implied Warranty, Merchantability, Negligence, Punitive Damages - Delta Wood
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FAQ
Guaranteed to Work for Its Intended Purpose For the implied warranty of merchantability to be violated, the product must fail to work as it's normally used.
Nevada law requires manufacturers to pay for a victim's losses when a person gets hurt because of the items they make and sell. Manufacturers are responsible for the products that they make.
An example of an implied warranty is an assumption that the product that you buy will work. For example, if you purchase a washing machine, the assumption is that the washing machine will work and wash your clothes. If you buy a sandwich from a deli, the implied warranty is that the sandwich is edible.
The product must have been sold or leased; The plaintiff must have used the product in a foreseeable way; The product must be defective; and. The victim must have been hurt because of the product's defective nature.
Items may be defective in any of three ways: manufacturing defects, design defects, or failures to warn. Manufacturing defects involve a problem caused by the item deviating from its intended specifications. Design defects arise when a product's intended blueprint is unreasonably dangerous.
Let's say you buy a computer from a nearby electronics store, and when you get home, the product doesn't work ? that's at least a breach of the implied warranty. If the manufacturer makes promises that the product doesn't meet, that's a breach of an express warranty, constituting express liability.
In Nevada, courts may award punitive damages to people who suffer injuries due to someone else's exceptionally bad conduct. This money only applies to extreme situations and can come in addition to compensation for losses like medical bills, lost wages, and pain and suffering.
For example, if you buy a golf club from a golf shop, there is an implied warranty in the sale that the golf club will perform as it was designed to. If the first time you swing the club, the head falls off, then the implied warranty of merchantability has been breached.