Overview of Product Liability
Defective or dangerous products can cause serious injuries. Under New Mexico law, manufacturers, distributors, and retailers can be held responsible when a product harms a consumer. From faulty household appliances and unsafe car parts to malfunctioning medical devices and contaminated food, any product that leaves the stream of commerce in an unreasonably dangerous condition may give rise to a claim.
Types of Product Defects
There are three main categories of product defects. A manufacturing defect occurs when something goes wrong in the production process, such as a batch of appliances with faulty wiring. A design defect exists when the product’s inherent design is unsafe even if properly manufactured – for example, an SUV that is prone to rollovers. Failure to warn occurs when a manufacturer knows of risks associated with a product but fails to provide adequate instructions or warnings, such as a medication sold without appropriate side effect disclosures.
Steps to Take After an Injury
After being injured by a defective product, see a doctor or go to the emergency room right away. Keep the product and any packaging in the same condition it was in when the incident occurred – do not try to fix or alter it. Take photographs, save receipts and instructions, and record the date of purchase and where you bought the item. If there were witnesses, collect their contact information. Reporting the defect to the manufacturer or retailer can also create a record of your complaint.
Potential Compensation
Victims of defective products may recover compensation for medical bills, rehabilitation costs, lost wages, loss of earning capacity, property damage, and pain and suffering. If the defect results in a permanent disability, future medical expenses and long‑term care can be recovered. New Mexico generally requires product liability lawsuits to be filed within three years of the injury, so it’s important to act quickly to protect your claim.
Why Legal Help Matters
Product liability cases can be complex because you must identify all potential defendants and prove that the product was defective when it left the manufacturer. An experienced attorney can investigate your case, work with experts to analyze the product, and negotiate with insurers and corporate defendants. If you’ve been hurt by a defective product, don’t wait to explore your legal options. Contact our firm today for a free consultation and learn how we can help you pursue the compensation you deserve.
