A young New Mexican boy died tragically in a playground accident late last month. According to local New Mexico news reports, the child’s family has asked that details regarding the type of accident not be revealed at this point. The only information that has been dispersed is that the accident occurred on equipment in the family’s backyard.
Evidently, the young boy was a national wrestling champion, and he had aspirations of competing in the Olympics. The third grader spent several hours a day practicing and assisting his peers. The young boy’s family stated that many people have been reaching out to provide their support to the family. The child’s funeral services were held last week.
Product Liability Cases in New Mexico
Although details in the above case are currently sparse, playground injuries can oftentimes result from issues relating to defective equipment, thus falling under product liability law. In New Mexico, and many other states, consumers or users of a product may be able to bring a product liability claim if they or a loved one has been injured or killed because of a product they used.
Generally, to succeed in a product liability claim, the plaintiff must be able to establish that they were injured or suffered some sort of loss, the product was defective, the defect was the cause of the injury, and the product was being used in the way it was intended.
Three General Types of Product Liability Claims
In most jurisdictions, there are three types of product liability claims: defective manufacture, defective design, or failure to provide adequate warnings or instructions.
Some examples of a defectively manufactured product include things such as a playground set missing screws or a bicycle with missing brakes. Some examples of a defectively designed product include a type of sunscreen that causes severe rashes, a hairdryer that causes electrocution if used for too long, or a car that has the propensity to veer off the road because it is too light. Examples of a failure to provide adequate warnings include:
- A coffee pot that does not warn users that the glass may shatter if extremely hot water is used;
- A paint thinner that does not warn pregnant women to avoid use; or
- A medicine that does not warn of potentially harmful side effects.
To bring these types of claims, it is important that you consult with an attorney to determine your rights and remedies. These cases often involve a significant amount of preparation and research, and an attorney’s experience is indispensable.
Have You or a Loved One Been Injured Because of a Defective Product?
If you have been injured or a loved was killed because of a defective product, you may consider bringing a product liability suit against the manufacturer or seller of the product. As was discussed above, there may be several theories of liability that can be used, and it is important that you consult with an attorney to determine which theory your case falls under. If you are successful, you may be entitled to monetary compensation for your medical bills and possibly even punitive damages, depending on the circumstances of your case. Contact the Fine Law Firm today at 505-889-FINE to schedule a free initial consultation.
More Blog Posts:
Sleeping Driver Responsible for Fatal Lea County Accident, New Mexico Personal Injury Lawyer Blog, November 9, 2014.
Hospital Attempts to Get Case Dismissed Because of Statute of Limitations, New Mexico Personal Injury Lawyer Blog, January 20, 2015.