Have you or a loved one been injured by a dangerous or defective product in New Mexico? If so, call Will Ferguson & Associates today to find out if you have the right to pursue a personal injury lawsuit.
Injuries from defective products can have a devastating impact on your life. From the financial burden of medical bills to the emotional trauma of physical pain and disablement, these experiences can leave lasting effects. The severity of product-related injuries can vary from barely noticeable to completely life altering.
If a defective product has injured you, navigating the New Mexico legal system alone is unnecessary. By partnering with a personal injury lawyer from Will Ferguson & Associates, you can feel confident knowing you can receive the highest quality legal representation and recover compensation for your losses.
What Is Product Liability?
If you get injured from a product, you may wonder if you have a case to pursue a claim for your injuries and losses. There are laws in place to protect consumers injured by defective products. These laws are known as product liability laws and can provide recourse for those who have suffered harm due to an unsafe or defective item.
These liability laws refer to the legal field that holds manufacturers, distributors, suppliers, retailers, or others in the production chain of a product liable when such products cause harm to consumers. In New Mexico, strict liability laws can apply to product-related cases.
Strict liability is a principle of tort law that holds manufacturers and sellers of products responsible for any injuries or damage caused by the use of their product, even if they were careful when producing it.
Simply put, it is the idea that those responsible for bringing a product to market should be held liable for any harm caused, even when no negligence was involved. In product liability cases, anyone injured by a defective product can bring a lawsuit against the manufacturer or distributor rather than having to prove they were negligent in some way.
10 Types of Defective Products
Product-related liability issues arise when an individual experiences an injury due to a problem with the design, manufacturing process, or labeling of a consumer product. It could be anything from an automobile defect or hazardous toy to food contamination or medication side effects.
The critical point is that the consumer suffered harm because of a dangerous product that was either not correctly designed or manufactured, did not include proper warnings about its potential risks, or was sold without appropriate instructions for safe use.
You might qualify for compensation if you get injured due to a defective item. Laws regarding product liability claims exist to protect consumers from purchasing faulty products and hold the manufacturer liable for any damages that result.
The most common types of defective products include:
- Pharmaceutical drugs and medical devices
- Automotive parts and vehicles
- Consumer electronics
- Industrial equipment and machinery
- Food and consumer goods
- Children’s products
- Construction materials and tools
- Household appliances
- Recreational equipment
- Cosmetics and personal care products
If you get injured due to a defective product, seek legal advice immediately to safeguard your rights. With the help of a qualified attorney, you can pursue a product liability claim and hold negligent companies accountable.
Will Ferguson & Associates has years of experience in New Mexico courts. Our attorneys can provide reliable insight into your legal situation while pursuing justice on your behalf. A product liability lawyer can give you the support and guidance needed to protect your rights. Reach out to us for a free case evaluation.
Common Injuries from Defective Products
The law holds manufacturers, distributors, suppliers, and retailers responsible for any injuries or damages caused by a flawed product. From faulty wiring to toxic ingredients in makeup and food, numerous products can cause physical harm if they are not up to safety standards. Everyone including newborns are subject to injury, but, older adults face a higher risk from faulty consumer products.
The most common injuries from malfunctioning products include:
- Burns
- Lacerations
- Broken bones
- Internal injuries
- Head injuries
- Spinal cord injuries
- Paralysis
- Amputations
- Birth defects
- Illness or disease caused by exposure to dangerous chemicals or substances
- Psychological harm
- Wrongful death
No one should ever suffer because of someone else’s negligence or carelessness—especially when it comes to products we use in our day to day life. Corporations profit billions yearly from consistently innovating new products, so it is important to make sure that consumers are only being offered safe products to buy.
If you sustain injuries due to a faulty product, contact an experienced New Mexico product liability lawyer as soon as possible. You will not only get help with your case but you could be keeping others safe as well by reporting your injury and holding the company accountable.
Product Injury Claim Categories
There are three primary types of product-related liability claims. These claims fall under the category of a design defect, manufacturing defect, or marketing defect.
Design Defects – A design defect exists when a product’s design poses an unreasonable risk to the user. An example would be an automobile with faulty brakes that cause the vehicle to crash when used as intended.
Manufacturing Defects – A manufacturing defect occurs when an otherwise safe product becomes dangerous due to an error in production or assembly. An example would be a toy containing lead paint caused by improper manufacturing processes.
Marketing Defects – A marketing defect involves products that do not have labels which adequately explain the risks and potential dangers of the item. An example would be food items containing allergens not listed on the label, resulting in a severe allergic reaction to those who unknowingly consume them.
Product Injury Liability Laws in New Mexico
Under New Mexico law, product creators, distributors, retailers, licensors, and franchisers may be held strictly liable for damages resulting from a defective product. For a successful liability lawsuit, the plaintiff must be able to establish that the product was faulty and caused them harm.
Any person injured by a defective item can sue, including individuals and businesses. An individual might sue for physical impairments or property damage caused by a malfunctioning item. The plaintiff (the party filing suit) must prove that the defendant’s negligence caused injuries.
How Do I Know If I Have a Winnable Case?
It’s important to note that liability cases can vary depending on state laws—and federal regulations may also impact the lawsuit. The best way to know if you have a valid case is by speaking with an experienced attorney who can guide you on how best to proceed.
Albuquerque attorneys at Will Ferguson & Associates have the knowledge and resources necessary to evaluate your claim and determine whether it is worth pursuing in court. Call today to speak with one of our skilled New Mexico lawyers about your accident to find out if you can file a claim for your injuries and losses.
How Does Liability Work With Faulty Products?
When a person is injured by a faulty product, they can file a claim against the manufacturer of that product. This claim is known as a product liability lawsuit. A successful claim can lead to compensation for medical bills and other related costs.
For a plaintiff (the injured person) to win their case against a manufacturer, they must prove that the defectiveness of their product directly caused them harm. Additionally, they must show evidence that this defect existed at the time of purchase and the plaintiff used the product as instructed.
Also, there must be causation between their injuries and the use of the defective unit. It is important to note here that causation does not mean merely demonstrating a correlation between two events; instead, causation requires proof that there was no intervening factor between the use of the product and injuries sustained due to its use.
In other words, causation means plaintiffs must demonstrate beyond reasonable doubt that using a faulty product caused them harm.
When Can I File a Product Liability Claim?
According to New Mexico Statutes section 37-1-8, those injured by malfunctioning products have three years to file a lawsuit. However, don’t wait until the statute is almost expired. The sooner you begin building your case, the better your chances will be of recovering your losses.
An experienced attorney will be able to evaluate your case and help you determine if you are eligible for compensation for medical bills, lost wages due to missed work days, pain and suffering from your injuries, and more.
What to Do If You Suffer a Product Injury in New Mexico
You may have a case if you suffer injuries from a defective product. Manufacturers’ and sellers’ legal responsibility is to pay for damages resulting from their products. You must take the following steps to safeguard your legal rights should a defective product harm you.
Seek Medical Attention – When you suffer harm from a defective product, the first step should be seeking medical attention. This step is necessary, especially if you experience severe injuries or an impairment resulting in long-term damage. A physical exam can ensure your doctor catches potential issues or complications early. It also creates a record of your injury.
Keep a Record of the Evidence – The next step is gathering evidence and saving any documentation, such as medical bills or invoices associated with repairs or replacement of the product. This evidence may be helpful when filing a claim against the company responsible for creating the malfunctioning product.
Additionally, save any materials related to how you were using the product at the time of the incident—such as instructions, documents, or photos used for reference—as this could also play a role in proving liability in court.
Contact a Product Liability Lawyer – Consider hiring an attorney specializing in product-related liability cases when dealing with a severe or potentially long-term ailment or injury resulting from a defective product. A seasoned attorney can assist you on how best to proceed with your case, including what kind of compensation you are eligible for and how long it takes to resolve the matter in court. Plus, the attorney can handle all the legal paperwork and negotiations involved so that you don’t have to—allowing you more time and energy to focus on your recovery.
Why Filing a Product Liability Claim Matters
Filing a lawsuit matters because it holds manufacturers, distributors, and retailers responsible for producing and selling safe products. When a product is defective or dangerous, it can cause serious injuries or even death and puts the public at risk.
Product-related liability cases can help the injured person or their family recover the financial compensation they need to cover the costs of medical treatment, lost income, and other expenses.
Additionally, these liability cases can help raise awareness about the defective product, which can lead to it being recalled or taken off the market, preventing others from getting hurt. Filing a lawsuit can help the individual and protect the public.
What Kind of Damages Can I Seek in a Product Liability Case?
If you have been injured due to the use of a product, you may be eligible for damages, including medical expenses, lost income, pain and suffering, disfigurement, emotional distress, inconvenience, and loss of enjoyment.
Depending on the circumstances and severity of your case, some jurisdictions allow punitive damages. These damages go above and beyond what is typically allowed in terms of compensation and act as a punishment and deterrent to the company to ensure they won’t manufacture more dangerous products.
Here all all the possible categories of compensation you could potentially collect, depending on the facts of your case:
- Medical expenses: This covers the cost of past and future medical treatment, such as doctor visits, hospital stays, surgery, and physical therapy.
- Lost wages: If you miss work, you could recover damages or lost income.
- Pain and suffering: This payment is for physical and emotional pain and suffering.
- Loss of consortium: This award compensates the injured person’s spouse for losing companionship and support.
- Punitive damages: These damages punish the negligent manufacturer. The New Mexico court awards these damages in certain cases in addition to compensatory damages.
- Wrongful death: If a loved one passes away, the family can seek to recover for the loss of their loved one, including loss of income, funeral expenses, emotional distress, and other related damages.
The types of payments you can receive depend on the unique details of your case, the legal jurisdiction, and the regulations that apply.
What Is the Estimated Time Required to Settle a Product Liability Lawsuit?
The time it takes to settle a case can vary depending on several factors. Some of the factors affecting the length of time it takes to settle a legal dispute include:
The complexity of the case: Cases that involve multiple defendants, complex medical issues, or large amounts of evidence may take longer to settle than simpler cases.
The availability of evidence: The length of time it takes to gather and review evidence can also affect the time it takes to settle a product liability lawsuit.
The willingness of the parties to settle: Cases resolve quicker if the parties negotiate and settle the dispute without going to court.
The court’s schedule: If the case goes to trial, the time it takes to complete will depend on the court’s schedule and the length of the trial.
The jurisdiction: Different states have different laws, and the time frame for settling a court case can vary depending on the jurisdiction.
On average, settling a product liability claim can take several months to a few years. However, some legal proceedings resolve more quickly, while others may take longer. Consulting with a qualified attorney can help you navigate the litigation process, and then you can gain a better idea of how long it may take to settle your claim.
Why Do You Need a New Mexico Product Liability Lawyer?
Don’t try to handle all your medical expenses and other challenges by yourself when you are injured by a product that you know is through no fault of your own. Hiring an attorney specializing in product liability law is the best way to safeguard your rights and keep your life on track after sustaining physical or financial losses due to a defective product.
A New Mexico product liability attorney can help identify any liable parties and develop a plan of action to get you the compensation you deserve and help restore your sense of safety. Give yourself peace of mind by hiring a lawyer to handle your product liability claim.
If you or someone you care about suffered injuries from a faulty product, the skilled legal team at Will Ferguson & Associates law firm is here to help. Our Albuquerque product liability attorneys dedicate themselves to fighting for your rights and helping you get the maximum settlement. We have helped countless clients recover damages in the millions, so schedule a free consultation and let us fight for you. Our New Mexico product liability lawyers will provide the knowledge, resources, and commitment you need to win your case. Call us if you have a product liability case in NM.
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