Hernandez v. The Home Depot, Inc., 2:22-cv-00938

Oscar Hernandez was injured by a “RIDGID” branded nail gun while on a construction site.
The nail gun and packaging displayed the RIDGID trademark, which was licensed by Ridge Tool Company to The Home Depot.
The Home Depot marketed and sold the product; Ridge Tool Company had no involvement with the design, manufacture, distribution, or warnings for the nail gun.
Hernandez sued both The Home Depot and Ridge Tool Company for strict liability, negligence, and breach of warranty; summary judgment was granted to Ridge Tool Company on all but the strict liability claim.
The lawsuit centers on whether a company whose only involvement is trademark licensing can be strictly liable for defective products in Nevada.
Due to lack of controlling precedent, the district court certified this question to the Nevada Supreme Court.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Strict liability for trademark licensor (apparent manufacturer)	RIDGID is strictly liable under the apparent manufacturer and stream of commerce doctrines.	Ridge Tool is not strictly liable as it only licensed the trademark, per Restatement (Third) and lack of substantial involvement.	Certified question to Nevada Supreme Court; summary judgment denied without prejudice.

Dow Chemical Co. v. Mahlum, 970 P.2d 98 (Nev. 1998) (trademark license alone does not create tort liability; did not resolve strict liability for licensors)
Ginnis v. Mapes Hotel Corp., 470 P.2d 135 (Nev. 1970) (establishes strict products liability for manufacturers and distributors in Nevada)
Shoshone Coca-Cola Bottling Co. v. Dolinski, 420 P.2d 855 (Nev. 1966) (recognizes strict liability in Nevada product defect cases)
Connelly v. Uniroyal, Inc., 389 N.E.2d 155 (Ill. 1979) (illustrates stream of commerce in extending strict liability beyond manufacturers)