What Happens if You're Injured by a Defective Product in New Mexico?

If you’ve been injured by a defective product in New Mexico, you may have grounds for a product defect personal injury claim. These claims fall under product liability law, which holds manufacturers, distributors, and retailers accountable for dangerous or faulty products. In New Mexico, you can pursue a claim based on three types of defects: design defects (flaws in the product’s original design), manufacturing defects (errors during production), and marketing defects (such as inadequate warnings or misleading instructions).

That said, you can better support your claim if you know what evidence to gather following a personal injury caused by a product defect and how to do it incorrectly. If you have questions about personal injury laws in New Mexico or want to learn more about how collecting evidence can bolster your claim, contact our Albuquerque personal injury lawyers at Will Ferguson & Associates immediately. In the interim, read below to learn more about the best practices for gathering evidence related to a personal injury claim.

Common Types of Evidence For Product Defect Claims

If your product defect case gets to trial, you or your personal injury attorney must submit evidence to a judge or jury. Once again, in a civil suit, the party presenting evidence has the burden of proof. You may divide the evidence you need into four main categories:

• Verifiable proof: Physical objects left at the accident site are examples of real or verifiable evidence. The jury may be able to handle and view the product in question.
• Witnesses' personal testimonies: Witness testimony is a sort of evidentiary proof. It often covers testimony from eyewitnesses (those who observed the incident firsthand) and expert witnesses (later retained by a plaintiff's team to provide testimony in a particular field).
• Records or written documentation: Evidence in the form of documents is admissible to prove that the defendant is at fault. Evidence might include everything from the defective product itself or photos and videos to medical records and insurance policies.
• Demonstrative or visual evidence: Proof of guilt on the part of a manufacturer, for example, may be shown via demonstrative evidence. Animations, infographics, and other comparable technologies are often used examples.

In a personal injury lawsuit in New Mexico, these four categories of evidence are the most common ones. However, there are others, and not all forms of proof or evidence are created equal when pursuing compensation for an injury. A jury will consider each component of the evidence presented and decide whether or not it is sufficient to find the defendant guilty.

Strict Liability vs. Negligence

In typical cases of personal injury in New Mexico, state law requires that persons take action after suffering an injury in an accident to protect crucial evidence. You must find, secure, and gather all the evidence that will be required to back up your claim. You would be unable to hold the defendant accountable for your injuries without sufficient proof of their liability.

New Mexico follows strict liability rules for product defects, meaning you don’t have to prove negligence—only that the product was defective and caused your injury when used as intended. However, the state also applies comparative fault, which could reduce compensation if you’re found partially responsible for the injury.

Moreover, damages are the final component of a negligence and personal injury claim. A New Mexico court must have the authority to award the plaintiff economic damages to cover the costs of a victim's injuries, such as medical bills and home repairs. A court may also award non-economic damages as compensation for subjective, non-monetary losses such as pain, suffering, inconvenience, and emotional distress. As mentioned, the plaintiff must prove that they are entitled to compensation to receive compensation, which is why the above pieces of evidence are commonly utilized.

On top of that, while New Mexico law does allow accident victims to pursue compensation, it does so within time constraints: a three-year statute of limitations exists for filing a personal injury claim in New Mexico. The New Mexico statute of limitations may be extended in certain circumstances. A trained New Mexico personal injury lawyer can ensure your claim is filed on time and determine if you meet any special circumstances.

How Does Strict Liability Work in New Mexico?

In New Mexico, product liability claims operate under the legal doctrine of strict liability, which means that an injured party does not have to prove that the manufacturer, distributor, or seller was negligent. Instead, they only need to demonstrate that:

• The product was defective: This could be due to a design defect, a manufacturing defect, or a marketing defect (such as inadequate warnings or instructions).
• The defect made the product unreasonably dangerous: The defect must have posed a risk beyond what an ordinary consumer would expect when using the product as intended.
• The defect directly caused the injury: The injured person must show that their harm was a direct result of the product’s defect.
• The product was used as intended or in a foreseeable way: If the user was misusing the product in an unforeseeable or reckless manner, the manufacturer may not be held liable.

Because of strict liability, injured consumers don’t have to prove that the manufacturer acted negligently, only that the defect existed and caused harm. This makes product liability cases easier for plaintiffs compared to traditional negligence claims.

Comparative Fault in Strict Liability Cases

New Mexico follows a pure comparative fault system, meaning that if the injured party is found partially responsible for their injury, their compensation is reduced by their percentage of fault. However, in strict liability cases, comparative fault applies only in limited circumstances, such as if the plaintiff misused the product in a way that contributed to their injury.

Call a Personal Injury Attorney in New Mexico

Our clients come first at Will Ferguson & Associates. For decades, we have helped those who have suffered from personal injuries or disabilities, and we can do the same for you. Furthermore, we handle these claims on a contingency basis, so there are no fees unless we get compensation for you.

Call our skilled New Mexico personal injury lawyers at (505) 243-5566 if you've been injured and want to know whether you may seek financial compensation. To give you the greatest opportunity to win your case, at Will Ferguson & Associates, we'll explain the nuances of collecting evidence for your case and walk you through the steps essential to building a strong claim.