As cycling grows in popularity, so does the demand for high-quality bicycles and cycling equipment. Unfortunately, with this increased production and demand, there are also instances of defective bicycles and bicycle parts. Can you sue a bicycle manufacturer in Nevada for defective parts that have caused you injury? The short answer is yes, under certain conditions.
Products Liability Law in Nevada
In Nevada, defective products are governed under the doctrine of product liability. This area of law allows consumers to recover for personal injuries caused by defective products. There are three primary categories of product defects: design defects and failures to warn.
Design Defects
Design defects are caused by manufacturing flaws in a product. To succeed in a design defect claim in Nevada, a plaintiff must prove that the product’s design was unsafe and there was a safer alternative design that would have prevented the injury.
Manufacturing Defects
Manufacturing defects arise when a product is not made according to its intended design, resulting in a dangerous condition. A plaintiff needs to show that the specific product they purchased contained a manufacturing defect that directly caused their injury.
Failure to Warn
Finally, a failure to warn occurs when a product’s manufacturer or seller does not provide adequate warnings or instructions about the product’s potential dangers. To prevail in a failure to warn claim, a plaintiff must establish that the lack of warnings or proper instructions caused their injury.
Establishing Liability in Bicycle Defect Cases
To successfully sue a bicycle manufacturer for defective parts, you must establish that the defective part was the direct cause of your injury. Additionally, you must show that the manufacturer’s negligence led to the defect.
For instance, if a bicycle’s brakes were improperly designed or installed and failed while riding downhill, causing you to crash and suffer injuries, you may have a valid product liability claim against the manufacturer and/or retailer.
Time Limitations to File a Claim in Nevada
Under Nevada law, you have a limited time to file a product liability lawsuit. The statute of limitations for personal injury claims is two years from the date of injury. However, for claims arising from a defective product, the statute of limitations is extended to an additional two years.
Damages in a Products Liability Case
If you succeed in your products liability claim against a bicycle manufacturer for a defective part, you may be entitled to recover damages, including:
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of enjoyment of life
- Property damage
Additionally, Nevada allows for punitive damages in rare cases where the manufacturer’s conduct was especially reckless or malicious.
Conclusion
In Nevada, you can sue a bicycle manufacturer for defective parts, provided that you can establish the elements of a product’s liability claim and file within the appropriate statute of limitations. If you believe you have been injured due to a defective bicycle or bicycle part, consult with an experienced personal injury attorney to determine your potential legal rights and remedies.
We at The Bourassa Law Group are here to manage all your legal troubles in the state of Nevada. Call us at (800)870-8910 and talk to our legal resource for directions.
1-800-870-8910