Not every car accident is caused by a driver. When the component that failed was defective from the moment it left the factory, the manufacturer, distributor, or parts retailer may be legally responsible for the crash and every injury it caused. Nevada law gives accident victims a product liability claim against the parts manufacturer that runs separately from, and in addition to, any standard auto accident case, and it does not require proving the manufacturer was negligent.
Shook & Stone handles both motor vehicle accident cases and product liability claims in Nevada. When a defective part is the cause of your crash, both theories may apply to your case, and having one firm pursue both is the most effective way to maximize recovery.
When a car accident is also a product liability case
Most car accident cases turn on driver behavior: who had the right of way, who was speeding, who was distracted. But a meaningful percentage of serious crashes are caused, in whole or in part, by a vehicle component that failed. The driver may have done everything right, and the crash still happened because the airbag did not deploy, the brakes did not respond, the tire exploded at highway speed, or the steering suddenly locked.
When a defective part causes or contributes to a crash, you have a product liability claim against the component manufacturer in addition to whatever other claims arise from the accident. These are not mutually exclusive. A driver who rear-ended you and a brake manufacturer whose defective system prevented you from avoiding the collision can both be defendants in the same case.
Common defective auto parts we investigate
Airbag defects
The Takata airbag defect, the largest automotive safety recall in history, has now affected over 100 million vehicles worldwide and is linked to at least 28 deaths and hundreds of injuries in the United States. Takata inflators use ammonium nitrate as a propellant, which degrades over time, particularly in hot, humid climates, causing the inflator to rupture violently during deployment and send metal shrapnel into the vehicle cabin. Nevada’s desert heat accelerates that degradation. As of 2025, millions of Honda, Acura, Nissan, and Infiniti vehicles still carry unrepaired Takata inflators. If you were injured by a rupturing airbag inflator, a product liability claim against the manufacturer may still be available depending on the vehicle and the specific defect involved.
Airbag defects are not limited to Takata. Non-deployment failures, where an airbag does not fire in a crash that should have triggered it, are a separate category of defect claims. So are side-curtain airbag failures and airbag control module defects that cause the system to misread crash severity.
Tire defects
Tire tread separation at highway speed is one of the most catastrophic defect scenarios in auto cases. When the tread layer separates from the carcass at 70 miles per hour on I-15, the driver loses control in fractions of a second. Tire defects include tread separation caused by improper curing during manufacture, sidewall blowouts resulting from inadequate belt edge construction, and bead failures that cause sudden loss of air pressure. Nevada’s extreme summer temperatures amplify the risk: heat accelerates chemical degradation in tires and increases internal pressure in ways that expose existing manufacturing defects. Past major recalls, including the Goodyear Wrangler and Toyo Extensa lines, demonstrate that tire defects at scale are a recurring industry problem.
Brake system defects
Defective brake systems can involve master cylinder failures, anti-lock braking system software defects, brake caliper defects that cause uneven or sudden application, and brake hose failures that cause sudden loss of hydraulic pressure. When a brake failure causes or contributes to a collision, the manufacturer of the defective component is strictly liable under Nevada law.
Steering and electronic stability defects
Steering defects, including power steering pump failures, electronic power steering software errors, and rack and pinion failures, remove the driver’s ability to control the vehicle without warning. Electronic stability control defects are a related category: when the system that is supposed to prevent rollover and oversteer fails, the vehicle behaves unpredictably in emergency maneuvers.
Seatbelt defects
Seatbelt failures cause what lawyers call “enhanced injury”: the crash itself may have been survivable, but the seatbelt’s failure to retain the occupant turned a moderate collision into a catastrophic one. Defects include buckle failures that unlatch on impact, retractor defects that allow too much slack, and pretensioner failures that do not tighten the belt at the moment of collision. These are design and manufacturing defect claims against the seatbelt system manufacturer.
Electronic and software defects
As vehicles become more dependent on software, a new category of defect claims has emerged: electronic throttle control failures, cruise control defects that prevent disengagement, and advanced driver assistance system failures that cause the vehicle to behave contrary to the driver’s intent. These are design defect claims against the OEM or the supplier of the defective electronic system.
Who is liable when an auto part fails
Nevada’s strict product liability standard covers every party in the supply chain. The original equipment manufacturer who designed the defective part is the primary defendant. The vehicle OEM that integrated the part into the finished vehicle may share liability if it knew of the defect or incorporated it into a defective system design. The distributor and retailer that put the part into commerce are also potentially liable under Nevada law.
This supply chain exposure is particularly significant in auto parts cases because parts suppliers and OEMs are frequently different companies, and each has its own insurance coverage and its own exposure to liability.
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Auto recalls and your product liability rights
A recall does not close the door to a product liability lawsuit. In fact, a recall is effectively a manufacturer’s acknowledgment that the part was defective. If you were injured before the recall was announced, your claim is especially strong: the manufacturer knew or should have known about the defect and failed to warn you. If you were injured after the recall, you may still have a claim if you never received notice or if the recall remedy was inadequate.
The two-year statute of limitations runs from the date of injury, not the date the recall was announced. Do not wait.
How a defective parts claim interacts with your auto accident case
Nevada is a fault-based auto insurance state. In a standard MVA case, recovery comes from the at-fault driver’s liability coverage. When a defective part is also a cause of the crash, you have a second avenue of recovery that is entirely independent of the other driver’s insurance limits. That matters most in serious injury cases, where the at-fault driver’s policy limits are insufficient to cover the full value of your injuries. A product liability claim against the parts manufacturer has no connection to the other driver’s coverage and can recover amounts well beyond what any individual driver’s policy would pay.
Shook & Stone handles both the auto accident case and the product liability case when the facts support both, which means nothing is left on the table and no theory of recovery is abandoned because it belongs to a different practice area.
What compensation may be available
In a successful defective auto parts claim, you may be able to recover:
- Past and future medical expenses, including emergency care, surgery, rehabilitation, and long-term treatment.
- Lost wages and lost earning capacity.
- Pain and suffering.
- Disfigurement and permanent disability.
- Loss of consortium for family members.
- Punitive damages in cases where the manufacturer knew about the defect and concealed it or failed to act, as occurred in the Takata airbag litigation.
Why choose Shook & Stone for a defective auto parts case
Defective auto parts cases require accident reconstruction experts, automotive engineering experts, and attorneys who know how to read NHTSA complaint databases and CPSC recall records. They also require the resources to take on auto manufacturers and parts suppliers that litigate aggressively. Shook & Stone has spent more than two decades handling high-value injury cases in Nevada, and our clients have collectively recovered more than $500 million. We work on contingency. Your initial consultation is free. You pay nothing unless we win.
For the legal framework that applies to all Nevada defective product claims, see our Las Vegas Defective Product Lawyer page. For a plain-language explanation of the three types of product defects that drive these claims, see our guide to types of product defects in Nevada.
Frequently asked questions
Can I sue the auto manufacturer even if another driver was at fault?
Yes. If a defective part in your vehicle contributed to your injuries, you may have a product liability claim against the manufacturer regardless of who caused the underlying collision. The two claims are independent. A defective seatbelt that failed to protect you in a crash caused by another driver is still a claim against the seatbelt manufacturer.
My vehicle was subject to a recall but I never received notice. Does that affect my claim?
The manufacturer’s failure to effectively notify you of a recall is itself relevant evidence in your case. Manufacturers are required to make reasonable efforts to reach registered owners. If you were not notified and drove a vehicle with an unrepaired recall defect, that gap in the notification process supports rather than undermines your claim.
The crash was minor, but my airbag deployed and injured me. Do I have a claim?
Potentially yes. Airbag over-deployment, where the system fires in a minor collision that does not warrant deployment, is a recognized defect category. If the deployment was triggered by a sensor or software defect and you were injured by the airbag itself rather than the collision, that is a product liability claim against the airbag system manufacturer, not just an auto accident case.
How long do I have to file a defective auto parts claim in Nevada?
Two years from the date of injury under NRS 11.190(4)(e). The discovery rule may extend that window if the defect was not immediately apparent, but you should not assume it applies without consulting an attorney. Contact us as soon as possible so that the defective part can be preserved and the evidence protected.
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