A defective product lawsuit in Nevada generally must be filed within 2 years for personal injury, and 3 years for damage to personal property. Before filing, the key steps are preserving the product, documenting the injury, identifying who made and sold the product, and confirming which deadline applies.
Mistakes at the start can be hard to fix later, particularly if the product is lost or repaired. This guide explains the deadlines, the steps before filing, and what to expect once a case begins.
Key Takeaways
- NRS 11.190(4)(e) generally allows 2 years to sue for injury or death caused by wrongful act or neglect.
- NRS 11.190(3)(c) generally allows 3 years for injury to personal property.
- The discovery rule can affect when the period begins, but it can be disputed.
- Keeping the product in its post-incident condition can be critical evidence.
- NRS 38.255 excludes actions for product liability from Nevada’s mandatory arbitration program.
What Is the Deadline to File a Defective Product Lawsuit in Nevada?
| Claim | General time limit | Source |
|---|---|---|
| Personal injury | 2 years | NRS 11.190(4)(e) |
| Wrongful death | 2 years | NRS 11.190(4)(e) |
| Injury to personal property | 3 years | NRS 11.190(3)(c) |
| Warranty claims | A separate limit may apply | NRS Chapter 104 |
Exceptions can change these periods. Under NRS 11.250, if a person entitled to sue was under 18 when the claim accrued, the time until they turn 18 generally does not count toward the limit. Other rules can apply to claims against a government entity. A lawyer can confirm which date applies.
When Does the Clock Start?
The period often begins when the injury happens. For harm that is not obvious right away, Nevada’s discovery rule may delay the start. The period generally does not begin until a person knew, or reasonably should have known, of facts giving rise to the injury.
In Adkins v. Union Pacific Railroad Co., a 2024 decision, the Nevada Supreme Court said the discovery rule may toll the two-year period where the injury and the manifestation of damage are not contemporaneous, if the facts could not reasonably have been discovered earlier despite diligent investigation. A federal court applying Nevada law has also said the rule looks to facts that would lead an ordinarily prudent person to investigate further, so you may not need to know the exact defect for the clock to begin.
What Steps Come Before You File?
- Preserving the product. Keeping the product, parts, packaging, and manuals, without repairing or altering them, can be critical.
- Documenting the scene. Photos and video may show what happened and how the product looked.
- Getting medical care. Medical records show your injury and when it was treated.
- Saving purchase records. Receipts, order emails, model numbers, and serial numbers can identify the seller and maker.
- Checking for recalls. Government databases such as CPSC and NHTSA list recalls by product.
- Identifying witnesses. Contact details for anyone who saw what happened can help.
- Reviewing company requests. A lawyer can explain the risks before you return a product or sign anything.
What Must You Prove?
In Shoshone Coca-Cola Bottling Co. v. Dolinski, the Nevada Supreme Court said a plaintiff must establish that the injury was caused by a defect in the product and that the defect existed when the product left the defendant’s hands. See our Nevada defective products page for an overview.
How Does a Nevada Product Lawsuit Work?
- Investigation. The product and records are reviewed, often with an expert.
- Complaint. A complaint is filed and served on the defendants.
- Discovery. The parties exchange documents and take depositions. Design and testing records may be involved.
- Expert evidence. Engineers, doctors, and other experts may address defect and causation.
- Settlement or trial. Many civil cases settle. Others are decided by a judge or jury.
Under NRS 38.255, the rules for Nevada’s mandatory arbitration program must exclude actions for product liability. A case may also move to federal court, depending on the parties.
What Damages Can Be Claimed?
Depending on the facts, a claim may include medical expenses, lost income, reduced earning capacity, damage to other property, and pain and suffering. Damage limited to the product itself is treated differently under the economic loss doctrine discussed in Hi-Tech Aggregate, LLC v. Pavestone, LLC, a 2024 decision. Punitive damages may also be available in some cases under NRS 42.005. If a family member died, see the steps in a Nevada wrongful death lawsuit.
Talk With a Nevada Defective Product Lawyer
Vaksman Khalfin, PC handles Nevada defective product claims and has an office in Las Vegas. A lawyer can review your situation and explain the options that may be available. Contact us or visit our Nevada defective products page to learn more.
General information, not legal advice. This page is provided for general informational purposes only and is not medical advice. No attorney-client relationship is formed by reading this page or contacting the firm. Prior results do not guarantee a similar outcome.
Reviewed by Robert B. Vaksman, Partner, Vaksman Khalfin, PC (admitted in Nevada). Last reviewed: 11/05/2026
Frequently Asked Questions
Nevada generally allows 2 years for personal injury or wrongful death under NRS 11.190(4)(e), and 3 years for injury to personal property under NRS 11.190(3)(c). Exceptions can apply, including the discovery rule.
A claim may still be possible, but it can be harder. Photos, records, witnesses, and similar products may help. A lawyer can explain how missing evidence may affect your claim.
No. A recall is not required. A product can be defective without being recalled, and a recall does not by itself prove your injury was caused by a defect.
NRS 38.255 says the rules for Nevada's mandatory arbitration program must exclude actions for product liability. Parties can still agree to other forms of dispute resolution, and a written agreement could matter.
