Who Can Be Held Accountable for Product Liability Injuries?

• August 2 2025
• |   Personal Injury

Who Can Be Held Accountable for Product Liability Injuries?

As consumers in a modern world, we place an immense amount of trust in the products we use every day. We trust that the car we drive will get us to work safely, that the food we buy is free from contamination, and that the new appliance we install in our home will function as intended. We expect the medication prescribed by our doctor to help us, not harm us, and we believe the toys we give our children are safe for play.

Unfortunately, this trust is sometimes broken. A defective product can fail in a catastrophic way, causing serious and life-altering injuries. The experience can be frightening and disorienting, leaving you with physical pain, emotional trauma, and mounting medical bills. When this happens, you may wonder who can be held accountable.

The answer is often more complex than you might think. In Nevada, the law recognizes that multiple parties may be responsible for a dangerous product reaching a consumer. This area of law is known as product liability, and it is designed to protect consumers who have been harmed.

Understanding the “Chain of Distribution”

When a defective product causes an injury, liability doesn’t always stop with the company whose name is on the packaging. Instead, accountability can extend to any party involved in the product’s journey from concept to consumer. This is often referred to as the “chain of distribution.” The goal is to ensure that a person injured by a defective product isn’t left without recourse simply because the responsible party is a distant, foreign manufacturer or a component part maker.

Potentially liable parties in the chain of distribution can include:

• The Manufacturer: This is the most obvious party. A manufacturer can be a large multinational corporation or a small local company. This category also includes the makers of individual component parts. For example, if a car’s brakes fail due to a faulty caliper, both the car manufacturer and the company that produced the caliper could be held responsible.
• The Wholesaler or Distributor: These are the “middlemen” who move products from the manufacturer to the retail market. They are a crucial link in the chain and are also expected to participate in ensuring the safety of the products they handle.
• The Retailer: The store or online merchant that sold the product directly to you can also be held accountable. Even though the retailer didn’t design or build the product, they played a role in placing it into your hands. This principle ensures that consumers have a local and accessible party to hold responsible.

In many product liability cases, the legal doctrine of “strict liability” applies. This means that an injured person may not need to prove that the manufacturer or seller was negligent. Instead, you primarily need to demonstrate that the product had an unreasonably dangerous defect, that the defect caused your injury, and that you were using the product in a reasonably foreseeable way.

The Three Primary Types of Product Defects

To successfully hold a party accountable, it’s necessary to identify the nature of the product’s defect. In the eyes of the law, defects generally fall into one of three categories.

1. Design Defects

A design defect is a flaw that is inherent to the product’s blueprint. This means every single unit produced according to that design is potentially dangerous. The product may have been manufactured perfectly according to its specifications, but the specifications themselves are unsafe.

• Example: An SUV is designed with a very high center of gravity and a narrow wheelbase, making it dangerously prone to rolling over during normal turns. Or, a line of space heaters is designed without an automatic shut-off switch, creating a significant fire hazard if they tip over. In these cases, the entire product line is defective by design.

2. Manufacturing Defects

A manufacturing defect occurs when a safe design is compromised by an error during the production or assembly process. This type of flaw is not present in every unit; it may affect a single product, a specific batch, or a limited production run.

• Example: A batch of prescription medication is contaminated with a harmful substance at the factory. A child’s bicycle is sold with a frame that has a hairline crack from the assembly line. A single airbag is installed without its necessary propellant. In these instances, the product’s design was sound, but a mistake during its creation made it dangerous.

3. Marketing Defects (Failure to Warn)

This type of defect doesn’t relate to the product’s physical state but to the information—or lack thereof—provided with it. A marketing defect, also known as a “failure to warn,” occurs when a product is sold without adequate instructions, labels, or warnings about its potential, non-obvious dangers.

• Example: A powerful industrial solvent is sold without a clear warning that it must be used with protective gloves and in a well-ventilated area. A children’s toy with small, detachable parts that pose a choking hazard is sold without a prominent warning for parents of toddlers. A medication is prescribed without disclosing a known risk of a serious side effect. The product itself might be useful, but the failure to properly inform the user of its risks makes it unreasonably dangerous.

The Complicating Role of Insurance Companies

Navigating a product liability case involves more than just identifying the at-fault manufacturer or retailer. Behind every company in the chain of distribution is a commercial liability insurance policy and a team of adjusters and lawyers. These insurance companies are the ones who will ultimately be asked to pay for the damages caused by the defective product.

It’s important to remember that insurance companies are for-profit businesses. Their primary financial incentive is to pay out as little as possible on claims. After you have suffered a traumatic injury, you may expect the at-fault party’s insurer to act reasonably and fairly. Unfortunately, that is not always the case.

Insurers may use various tactics to minimize or deny a valid claim. They might argue that your injury was pre-existing, that you were using the product improperly, or that the defect wasn’t the true cause of your harm. They may delay the process for months or even years, hoping you will grow frustrated and accept a low settlement that doesn’t begin to cover your long-term medical care, lost income, and pain and suffering. When an insurer acts this way, it can feel like you are being victimized all over again.

Leverty & Associates Law: Your Advocates in Reno and Las Vegas

If you or a loved one has been injured by a defective product, you may find yourself in a battle not just with the manufacturer, but with their powerful insurance company. In these situations, you need an advocate on your side who not only understands personal injury law but who possesses a deep and specific knowledge of how insurance companies operate.

We know this is an overwhelming and difficult time. Our team of Reno product liability lawyers at Leverty & Associates Law is committed to providing compassionate guidance and open communication. We approach every case with dedication and attention to detail, working collaboratively to achieve the best possible outcome for you and your family.

You don’t have to face this fight alone. Contact Leverty & Associates Law for a free, confidential consultation to discuss your case. Please call our Reno office at (775) 322-6636 to discuss your case and legal options.