Albuquerque Product Liability Attorney
A product that’s dangerous by design or defect can cause serious consumer injuries. From third-degree burns to traumatic amputations, defective products have caused a range of consumer injuries over the years. Injured consumers may pursue damages through a product liability claim in New Mexico.
If you or a family member has suffered injuries because of a defective product, contact the Albuquerque personal injury attorneys at The Fine Law Firm. We can help you understand the laws in New Mexico and discover whether you have a claim against a manufacturing company or distributor. We can also help you join a class action, if applicable.
Why Choose Us?
The Fine Law Firm’s clients come to us for legal help for many reasons, from our long history in personal injury law to the multimillion-dollar results we achieve for clients. Some reasons to trust us with your product liability claim include:
- Commitment to the client. We maintain close contact with clients throughout the duration of their cases, treating them like family.
- Honest dealings. Our firm doesn’t charge anything unless we win. When we do win, we never take more than 33% of the final settlement – and we always ensure we make less than our clients.
- Trial experience. We have significant trial experience and aren’t afraid to go up against large manufacturers in courtrooms.
During your product liability claim, our firm can help you navigate the legal process, fight against insurance companies, and demand fair compensation for your damages. Contact our lawyers for a free consultation today.
Why Do You Need a Product Liability Lawyer?
Product liability claims involve major manufacturing companies and big industry names. The company will have the legal resources to refute your injury claim. Fight back with a talented attorney of your own. Otherwise, the insurance company could take advantage of you. It’s important to hire a lawyer to level the playing field between you and a large corporation. Hiring an Albuquerque product liability attorney will also help you understand the state’s product liability laws, and how to use them to your advantage.
Defining Product Liability
Product liability refers to the legal responsibility of a manufacturer, distributor, or seller for allowing a defective or dangerous product to fall into the hands of a consumer. Manufacturers and sellers must take due care in designing, creating, and marketing products to consumers. Letting a defective product slip through the cracks and injure consumers is negligence, and may result in lawsuits against the responsible company.
Common Injuries From Defective Products in Albuquerque
A consumer product that contains a dangerous defect can cause a wide range of serious injuries. A defective e-cigarette, for example, could explode while in use – leading to catastrophic facial and mouth injuries. A defective car part could cause an Albuquerque car accident and life-threatening injuries. The potential for serious injuries is why product manufacturers have a legal responsibility to ensure the safety and quality of their products.
The injuries associated with defective products include:
- Accidental poisoning
- Birth defects
- Broken bones
- Burn injuries
- Cuts, scrapes and lacerations
- Electric shocks or electrocution
- Eye injuries
- Internal injuries or organ damage
- Soft-tissue damage
- Spinal cord injuries
- Traumatic brain injuries
At The Fine Law Firm, we are prepared to take on any type of injury case. We can assist you and your family if you have suffered a catastrophic injury that will affect you for the rest of your life. Our attorneys will fight for maximum financial compensation for your injury and the future losses and expenses that you will foreseeably suffer. Our law firm has hands-on experience successfully resolving many different types of injury claims in Albuquerque and throughout New Mexico.
Types of Product Liability Cases
A product liability case can involve children’s clothes, automotive parts, furniture, appliances, ATVs, playground equipment, toys, medicines, medical devices and more. If you need to file an injury claim for a defective product, you will need to establish the type of product liability issue you encountered:
- Design flaw: a mistake in the design or planning of a product that makes the item unreasonably dangerous or able to foreseeably cause injury. An example is a fan that is designed without a proper finger guard.
- Manufacturing error: when something goes wrong during the production or manufacture of a product, making the item more dangerous than it should be even when used correctly. An example is a batch of cough syrup that gets contaminated with a dangerous chemical.
- Marketing issue: an error with how the product is advertised or marketed, such as missing or defective product warnings. An example is a prescription medication that does not warn consumers of known side effects or health risks.
Product liability claims can be complex and highly technical. You or your lawyer will need to prove that the item contained a defect, caused your injury and that you were using the item as intended at the time of the incident. You may also need to prove negligence if the strict product liability doctrine does not apply to your case.
Manufacturers are strictly liable when their defective products injure consumers, according to federal law. This means consumers do not have to prove negligence or understand how the defect occurred to obtain compensation. They simply must show that the product contained a defect, and this defect caused their injuries. Defects can occur during manufacturing, because of a design error, or due to unsafe packaging or product marketing. If the rules of strict liability don’t apply to your case, you may have to prove that the defendant was negligent in causing your injuries to qualify for compensation.
A manufacturing defect means something went amiss during the item’s production or assembly. A worker making a mistake in a manufacturing facility, for example, could lead to a product that contains a dangerous defect, such as a drug that gets put into the wrong box. A design error is a mistake in the inherent design or blueprint of an item that makes it unsafe for consumers. An example is a prescription drug with a dangerous ingredient. Unsafe marketing can refer to a company failing to warn or improperly warning consumers of known, non-obvious risks, such as the known side effects of a medication.
If your product liability lawyer can prove the existence of one of these three defects, you may not have to prove the defendant’s negligence to qualify for compensation from the manufacturing company. If the rules of strict liability don’t apply to your case, you may have to prove that the defendant was negligent in causing your injuries to qualify for compensation. Negligence can refer to any breach of the duty of care, such as a failure to conduct proper safety tests. An attorney can help you prove negligence, if necessary, during a defective product case.
How to Prove a Product Liability Claim
It is important to take the right steps toward a legal resolution as the victim of an accident involving a defective product in New Mexico. You can do things from the beginning, even before you hire a lawyer, that can help you win your case. If you or someone in your family sustains a serious injury while using any type of product or consumer good, start gathering information as if preparing for a product liability claim.
- Keep the product in question. Do not throw away the defective product. Keep it and all the packaging and directions it came with, as well as your receipt.
- Take photos. Take pictures of the broken or malfunctioning item, your injuries, and the setting where your accident occurred.
- Document your experience. Write down what happened and what appeared to be wrong with the product. Keep copies of your medical records, property repair bills and other related documents.
- Submit an insurance claim. Contact the company that manufactured the defective product. Explain that you wish to submit a claim for your injuries and losses.
- Contact a product liability lawyer. Call a product liability lawyer about your case. An attorney can help you continue to gather evidence and negotiate with an insurance company during a defective product claim in Albuquerque.
Find out if you have grounds for a lawsuit during a free consultation at the Fine Law Firm. We will review the facts of your incident for signs of an issue, such as a recalled or dangerous product. If we believe you have a claim against a manufacturer or distributor in Albuquerque, our attorneys can represent you during the filing process. We can take care of all paperwork and legal actions it takes to bring a claim in New Mexico. Our product liability lawyers will do everything they can to ensure fair and full results for your injuries.
Do You Have a Product Liability Claim?
To bring a product liability action in New Mexico, certain elements must be present and proven based on a preponderance of the evidence. This means enough evidence to show that what you are claiming is more likely to be true than not true. The elements required for a product liability claim are 1) the product was defective, 2) the product was being used properly and as intended, 3) the victim was injured or suffered damages, and 4) the product defect caused the injuries. Find out if you have grounds for a product liability claim in Albuquerque during a free case consultation at The Fine Law Firm.
New Mexico Statute of Limitations for Product Liability Claims
A statute of limitations is a law that exists in every state to limit the amount of time that a plaintiff has to file an injury claim. In New Mexico, the general statute of limitations for personal injury actions is three years of the date of the accident or injury discovery. An Albuquerque wrongful death action must be brought within three years of the decedent’s date of death.
A product liability lawsuit in Albuquerque must be filed within three years of you suffering the injury or three years of the date that you discovered or reasonably should have discovered the injury. Acting quickly is imperative, as you may lose the right to recover compensation forever if you miss your statute of limitations.
Damages You Can Recover
A successful product liability claim could result in payment for your injury-related medical bills, property damage, lost income, and pain and suffering. Clients involved in cases against manufacturers of defective drugs, medical devices, children’s toys, appliances, automobiles, and other products have obtained significant recoveries for their damages. You may also be eligible for compensation if we can prove your case.
Contact Us Today
If you suffer an injury because of a defective consumer product, our Albuquerque product liability attorneys will help you on the path to fair compensation. We can review your case, gather evidence, and file a claim against the responsible manufacturer within the state’s deadline. Let us take care of the legwork of your case while you focus on healing. Schedule your free case evaluation today.