Yes. In Nevada, the retailer can be held liable for a defective product even though it didn’t make it. Nevada applies strict liability to companies that sell products, not just the ones that build them, so the store where you bought it can be named in your claim alongside the manufacturer.
That matters most when the maker is overseas, out of business, or hard to find. The store is right here in Las Vegas, it has a business address, and it usually carries liability insurance. A product liability attorney in Nevada often starts a case with one document: your receipt.
Why Nevada Holds Retailers Liable for Products They Didn’t Make
Nevada has recognized strict products liability since the 1960s. The idea is simple: when a defective product hurts someone, the companies that profited from putting it on the market should carry the cost, not the injured person. You don’t have to prove the store was careless. You have to show the product was defective when it left the store and that the defect caused your injury.
The Nevada Supreme Court reaffirmed this in 2025, explaining that strict liability applies to those who manufacture, sell, or otherwise distribute a product. Some states have passed “innocent seller” laws that shield retailers who didn’t know about a defect. Nevada lawmakers considered a bill like that in 2015, and it didn’t pass.
“We Just Sell It”: Retailer Defenses and Why They Often Fail
When a store’s insurer gets a defective product claim, the first answer is almost always the same: talk to the manufacturer. That deflection sounds reasonable, but it doesn’t change the law. Under strict liability, the retailer’s lack of involvement in the design or manufacturing is generally not a defense.
Other common arguments include:
- “The box was sealed when we sold it.” Stores sell sealed products every day. Strict liability still applies to the seller.
- “You used it wrong.” This one can matter, which is why photos, manuals, and your account of what happened should be preserved early.
- “It’s our store brand, but someone else made it.” The store is still the seller, and putting its own label on the product doesn’t move it out of the chain. A store brand can also make it easier to connect the product to the retailer.
Glen Howard spent years defending insurance companies before he started representing injured people. He knows these responses are often a script, and he knows which ones have real weight.
Suing the Store and the Manufacturer Together
You usually don’t have to choose between the retailer and the maker. A product claim in Nevada can name every company in the chain of distribution: the manufacturer, the component maker, the distributor or importer, and the store.
Nevada’s general rule splits fault among defendants, but the statute that sets it out, NRS 41.141, carves out claims based on strict liability and injuries from products sold or used in Nevada. In those cases, defendants may be held jointly and severally liable, which can let you collect your full damages from a defendant who can pay, even if another company in the chain can’t. The store may then try to recover from the manufacturer, but that fight is between them. Our guide to multi-party liability in Nevada explains how shared fault works in more detail.
When a Retailer May Not Be Liable
Strict liability has limits, and an honest look at your case starts with them. A seller may not be strictly liable when:
- The product was sold used. Many courts treat occasional or secondhand sellers, such as garage sales or a neighbor reselling an old appliance, differently from businesses that regularly sell new products.
- The company only licensed its name. In 2025, the Nevada Supreme Court held that a company that only licensed its trademark for a product, without taking part in making or distributing it, isn’t strictly liable.
- The product was changed after it left the store. If someone modified, repaired, or misassembled it in a way that caused the injury, the defect may not trace back to the seller.
Even when one company drops out, another often stays in. Every case is different, which is why it helps to have an attorney review the full chain before anyone is ruled out.
What to Keep From the Store
Your proof of purchase ties the product to the seller. Save as much of this as you can:
- The receipt, or a bank or card statement showing the purchase
- The store location and date, whether it was a big-box store in Summerlin, a shop on Eastern Avenue, or a location near the Galleria at Sunset
- The packaging, labels, manuals, and warranty cards
- Model, lot, and serial numbers
- The product itself, stored somewhere safe
Don’t return the product to the store, even if they offer a replacement. Once it’s back on their shelf or in their warehouse, it’s out of your control. The Product Defect page covers what to do with a damaged product and how inspections should be handled.
Frequently Asked Questions
Can I sue the store that sold me a defective product?
In Nevada, generally yes. Nevada applies strict liability to sellers as well as manufacturers, so a retailer that sold a defective product can be named in an injury claim even though it didn’t design or build it. You’ll need to show the product was defective when it left the store and that the defect caused your injury. The receipt or card statement connects the product to the store. A free case review can confirm whether the store, the maker, or both belong in your claim.
Is a retailer responsible for a defective product?
A retailer can be responsible for injuries caused by a defective product it sold, even without knowing about the defect. That’s the core of strict products liability, and Nevada hasn’t adopted an “innocent seller” law that would protect stores in that situation. There are limits, such as used goods and products altered after the sale, so the facts of how you bought and used the product matter.
Can I sue both the store and the manufacturer?
Yes. A Nevada product claim can name every company in the chain of distribution, including the manufacturer, any distributor or importer, the maker of a failed part, and the store. Naming them all at once keeps each company from blaming another one that isn’t in the case. Nevada law also keeps joint and several liability for product and strict liability claims, which can matter when one defendant can’t pay.
What if I bought it used or at a garage sale?
That can make a claim against the seller harder. Many courts don’t apply strict liability to occasional sellers, like someone at a garage sale, or to secondhand goods in the same way they do to businesses selling new products. The manufacturer may still be responsible if the defect existed when the product was first made. A lawyer can look at the product’s history and figure out who is still on the hook.
You Have the Receipt. That’s Where We Start.
A store insurer’s first move is to send you to a manufacturer you’ll never reach. You don’t have to accept that. Howard Injury Law handles product defect claims for people across Las Vegas, Henderson, and the rest of Nevada, and we build every case around the full chain of companies that made and sold the product.
Our catastrophic injury team takes on the serious burns, fractures, and other injuries these products can cause. If you bought online instead, see who’s liable for an Amazon third-party seller product, and if the brand seems to have vanished, read about no-name overseas products. Learn more about Glen Howard, then schedule your free consultation. There’s no fee unless we win.
