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 acting as an Arbitrator and Mediator.

Mr. Young can be reached at 702.667.4868 or at

The information provided on this site does not, and is not intended to constitute legal advice. You understand each legal matter should be considered to be unique and subject to varying results. You should not take or refrain from taking action based on any information contained on this website without first consulting legal counsel, as it is not intended to advise you on your particular matter. Further, you understand that no guarantee is given that the information contained herein is an accurate statement of the law at any given point in time, as the law is constantly changing. Please see


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