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Product Defect Case Series

Valentine v. Pioneer Chlor Alkali Co. Inc., 109 Nev. 1107, 864 P.2d 295 (1993).

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Full Text: Valentine v. Pioneer Chlor Alkali Co. Inc., 109 Nev. 1107, 864 P.2d 295 (1993).

Case Quotes:

Nevada recognizes the doctrine of strict tort liability for defective products. See e.g., Outboard Marine Corp. v. Schupbach, 93 Nev. 158, 561 P.2d 450 (1977) (manufacture of an electric utility cart); Worrell v. Barnes, 87 Nev. 204, 484 P.2d 573 (1971) (installation of a residential gas line into a previously existing gas system); Ginnis v. Mapes Hotel Corp., 86 Nev. 408, 470 P.2d 135 (1970) (manufacture of automatic doors); Shoshone Coca–Cola Bottling Co. v. Dolinski, 82 Nev. 439, 420 P.2d 855 (1966). However, this court has not yet decided whether strict liability should also extend to abnormally dangerous activities.

Valentine v. Pioneer Chlor Alkali Co. Inc., 109 Nev. 1107, 1109, 864 P.2d 295, 297 (1993)

 


The doctrine of Rylands has been explained and codified in the Restatement (Second) of Torts, section 519 (1977): “One who carries on an abnormally dangerous activity is subject to liability for harm to the person, land or chattels of another resulting from the activity, although he has exercised the utmost care to prevent the harm.”

Valentine v. Pioneer Chlor Alkali Co. Inc., 109 Nev. 1107, 1110, 864 P.2d 295, 297 (1993)

 


Section 520 of the Restatement (Second) of Torts sets forth six factors relevant to a determination of whether an activity is abnormally dangerous: (a) existence of a high degree of risk of some harm to the person, land or chattels of others; (b) likelihood that the harm that results from it will be great; (c) inability to eliminate the risk by the exercise of reasonable care; (d) extent to which the activity is not a matter of common usage; (e) inappropriateness of the activity to the place where it is carried on; and (f) extent to which its value to the community is outweighed by its dangerous attributes.

Valentine v. Pioneer Chlor Alkali Co. Inc., 109 Nev. 1107, 1110, 864 P.2d 295, 297 (1993)

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