By

ELEMENTS

In order to establish a claim of strict liability for a defective product, the plaintiff must prove the following elements by a preponderance of the evidence:

  1. That the defendant was the___________________________ of the product;
  2. That the product was defective;
  3. That the defect existed when the product left the defendant’s possession;
  4. That the product was used in a manner which was reasonably foreseeable by the defendant; and
  5. That the defect was a [proximate] [legal] cause of the damage or injury to the plaintiff.

NEV. J.I. 7.02

BAJI 9.00

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on business law, business litigation, and acting as an Arbitrator and Mediator.

Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.