Albuquerque Product Liability Lawyer

If you have a product liability claim, Will Ferguson & Associates’ Albuquerque attorneys are on your side.

When representing a client in a case involving an unsafe toy, tool, or other defective product, our lawyers fight for the maximum settlement or verdict possible, not only to help our client rebuild a damaged life but also to serve the community and encourage the negligent company to prevent future tragedies.

Federal and state product liability laws provide consumers with recourse for personal injuries caused by defective products. No one knows those laws better than Will Ferguson & Associates.

If a product has injured you, consult with our Product Liability Lawyers of Albuquerque, NM, Ferguson Law Firm to find out if you have a product liability claim.

What is product liability?

No one uses a product expecting it to break or fail. When a product’s defect becomes apparent, it can take the user by surprise, sometimes with disastrous consequences.

If the defect causes a serious personal injury, the manufacturer, wholesaler, or seller may be liable. Think of a hairdryer that emits a dangerous shock or a child’s toy that contains small, sharp pieces. Consumers should be able to use products they pay good money for as intended, without worrying about being hurt.

How is a product determined to be dangerous?

1. When the product is designed

• A design defect occurs in the infancy of a product’s life. It is a fundamental flaw that makes the product unsafe. If you used the defective product in the intended manner (or in a foreseeable manner), and then were injured by the product, you may have a claim.
• You, the plaintiff, must show the harmful product was defectively designed. You may also need to show that a safer alternative design was available and feasible.
• Examples of flawed design include a bicycle with brakes that fail, a teakettle’s handle that breaks when heated, a child’s crib that can allow the child to choke or suffocate, or a ladder that cannot support the weight of a person.

2. When the product is manufactured

• Other defects can occur despite careful design. A product can suffer cracks, weak spots, or other flaws during the manufacturing process.
• Autos and tires are examples of products that are prone to manufacturing defects. SUV rollover hazards and tire blowouts are both notable examples of this kind of defect.

3. When the product’s instructions or warnings are inadequate or missing.

• Manufacturers and sellers in New Mexico must take adequate steps to avoid unreasonable risk to consumers. They must warn consumers of dangers that aren’t obvious, and they must provide instructions on the product’s proper use. If a warning is absent, hard to see, or unclear, then the consumer may have a viable case.
• Examples of common liability cases with inadequate warnings include smoke detectors, power tools, and electrical equipment.

What Should You Do After Being Injured by a Defective Product?

If you are injured by a defective product in Albuquerque, taking the right steps early can protect your health and your legal claim.

First, seek immediate medical attention. Facilities like UNM Hospital, one of the region’s primary trauma centers, and Presbyterian Hospital frequently treat serious injury cases and provide critical documentation of your condition.

Next, preserve the product in its current condition if possible. Do not attempt repairs or modifications. The product itself often becomes the most important piece of evidence in your case.

Finally, speak with our firm as soon as possible. Product liability claims require technical investigation, expert analysis, and fast action to prevent evidence from being lost or destroyed.

What Compensation Can You Recover in a Product Liability Case?

If you were injured by a defective product, you may be entitled to compensation for both financial and personal losses.

This can include medical expenses, ongoing treatment, lost income, reduced earning capacity, and pain and suffering. In severe cases, compensation may also cover long-term disability or permanent impairment.

New Mexico also allows punitive damages in certain situations involving reckless or intentional misconduct. These damages are designed to punish dangerous behavior and deter companies from putting unsafe products on the market.

What if a defective product caused my car accident on I-25 or I-40?

If a defective product contributed to your crash, you may have a claim against the manufacturer even if another driver was involved. For example, if your brakes failed while driving through the Big I interchange or your tire blew out on I-40, the company responsible for that component may be liable.

These cases often require coordination between accident reconstruction experts and engineers who can analyze the product itself. Our firm investigates both the crash and the product failure to determine exactly what went wrong and who should be held accountable.

Can I file a claim if I was injured by defective equipment on a construction site?

Yes, you may still have a product liability claim even if your injury happened at work. While workers’ compensation may cover some of your losses, it does not allow you to sue your employer.

However, if defective machinery, tools, or safety equipment contributed to your injury, you may file a third-party claim against the manufacturer or distributor. This can provide additional compensation beyond what workers’ compensation offers.

Our firm regularly helps injured workers in Albuquerque navigate both types of claims and pursue full recovery.

How Do You Prove a Product Liability Claim?

To succeed in a product liability case, you must show that the product was defective, that the defect existed when it left the manufacturer, and that the defect directly caused your injury.

This process often involves expert testimony, engineering analysis, and review of recall data. Evidence may come from federal safety agencies, internal company documents, and independent testing.

Because these cases are complex, working with an experienced legal team is critical to building a strong claim.

Why Local Experience Matters in Albuquerque

Albuquerque presents unique conditions that can influence product liability cases. High-speed traffic on major highways, extreme summer heat, and dusty desert conditions can all affect how products perform.

Emergency response and treatment also play a role. Reports from the Albuquerque Police Department and medical records from local hospitals like UNM Hospital often serve as key evidence in injury cases.

Our firm understands how these local factors shape investigations and legal strategies, allowing us to build stronger, more effective cases for our clients.

Frequently Asked Questions About Product Liability Accidents in Albuquerque, New Mexico

1. How long do I have to file a product liability claim in New Mexico?

In New Mexico, you generally have three years from the date of injury to file a product liability claim. If you wait longer than this period, you may lose your right to seek compensation for your injuries.

2. Do I need the defective product to file a claim?

You do not always need to have the defective product to file a claim, but possessing the product can significantly strengthen your case. Having the product allows experts to examine it for defects and directly link it to your injury.

3. Can I still file a claim if the product was not recalled?

You can still file a claim even if the product was not recalled. While a recall can help support your case, it is not required, and many defective products cause injuries before any recall is issued.

4. Who can be held responsible for a defective product?

In a product liability case, responsibility for a defective product may fall on manufacturers, distributors, retailers, or designers; any party involved in bringing the product to market can potentially be held liable for injuries caused by the defect.

5. What if I was partially at fault for the accident?

You may still be able to recover compensation even if you were partially at fault for the accident. Under New Mexico’s comparative fault system, your total recovery will be reduced in proportion to your percentage of fault for the accident.

Call Our Albuquerque Product Liability Attorneys Now

If you or someone you love has been injured by a defective product, you deserve answers, accountability, and financial recovery. These cases are complex, but you do not have to handle them alone.

At our firm, we are committed to helping Albuquerque residents stand up to negligent manufacturers and corporations. We handle every step of the process, from investigation to negotiation to trial if necessary.

Get in touch with our firm today for a free consultation. There are no upfront costs, and you won’t owe anything unless we achieve a favorable outcome for you. Let us advocate for the justice you deserve.