Product Defect Case Series

Worrell v. Barnes, 87 Nev. 204, 484 P.2d 573 (1971)

overruled by Calloway v. City of Reno, 116 Nev. 250, 993 P.2d 1259 (2000).

 

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Courts and commentators have been proceeding apace in advancing theories of action in products liability cases since MacPherson v. Buick Motor Co., 217 N.Y. 382, 111 N.E. 1050 (1916). See Comment, 15 Wayne L.Rev. 1558 (1969), and Comment, 23 Wash. & Lee L.Rev. 101 (1966). To a large extent on the basis of Dean Prosser's urgings, innocent consumers have been allowed to sue manufacturers for injuries caused by defective products. See W. Prosser, The Assault upon the Citadel (Strict Liability to the Consumer), 69 Yale L.J. 1099 (1960); and W. Prosser, The Fall of the Citadel (Strict Liability to the Consumer), 50 Minn.L.Rev. 791 (1966). Under the theories advanced, injured consumers have been allowed to proceed on the theory of strict liability, which requires no showing of negligence. Shoshone Coca-Cola, supra, and Ginnis, supra; Greenman v. Yuba Power Products, Inc., 59 Cal.2d 57, 27 Cal.Rptr. 697, 377 P.2d 897 (1962); Fisher v. Simon, 15 Wis.2d 207, 112 N.W.2d 705 (1961).

Worrell v. Barnes, 87 Nev. 204, 206, 484 P.2d 573, 575 (1971) overruled by Calloway v. City of Reno, 116 Nev. 250, 993 P.2d 1259 (2000)

 

The manufacturer and seller are not held liable as insurers and their liability is not absolute simply upon evidence of injury alone. See, P. Keeton, Products Liability, 41 Tex.L.Rev. 855, 858 (1963). Rather, it is the claimant's burden to demonstrate that the product was defective and that the defect arose out of design or manufacture while the article was in the control of the manufacturer. However, it makes no difference whether the manufacturer was or was not negligent, acted in good faith, or even took every possible precaution to prevent defects. If in fact the article was defective when it left the manufacturer's control, liability will be imposed. Rapson, Products Liability under Parallel Doctrines: Contrasts between the Uniform Commercial Code and Strict Liability in Tort, 19 Rutgers L.Rev. 692, 698 (1965). There is a strong and growing tendency where there is no blame on either side to ask who can best bear the loss and hence to shift the loss by creating liability where there has been no fault. Prosser, Law of Torts, p. 508 (3d ed. 1964).

Worrell v. Barnes, 87 Nev. 204, 206–07, 484 P.2d 573, 575 (1971) overruled by Calloway v. City of Reno, 116 Nev. 250, 993 P.2d 1259 (2000)