As a consumer in New Mexico, you have no doubt purchased thousands of products over the course of your lifetime. More likely than not,these purchases enhanced your life in some way – it is rare that a product harms, rather than helps, an individual.
However, injuries from defective products do happen. If you have been injured in New Mexico due to a dangerous product, our talented Albuquerque product liability attorneys at the firm of Wainwright Injury Law have the experience and skillset your case demands.
Types of Product Liability Cases
A product liability case refers to a civil action in which a plaintiff brings a suit against the manufacturer or distributor – or anyone else along the manufacturing/distributing chain – of a product that is defectively designed, manufactured, or labeled. Product liability suits can involve a wide range of product types, include:
- Prescription drugs;
- Medical devices;
- Household items;
- Cosmetics and beauty products;
- Tools and machinery; and
- Kitchen appliances.
As mentioned above, a product liability case seeks to bring a claim due to one of the following defect types:
- Design defect. A design defect refers to an inherent defect in the design of a product. For example, a vehicle that is top-heavy may be dangerously designed, as it is at an increased risk of rolling over.
- Manufacturing defect. Unlike a design defect, a suit claiming a manufacturing defect is one that states that the original design of the product is safe, but that something went wrong during the manufacturing process to make the product unsafe. Consider tires – when tires’ glue is contaminated during manufacturing, adhesion is impaired and the tires’ treads may be at an increased risk of separating.
- Finally, manufacturers have a duty to warn of any risks associated with the use of their products. If they fail to do so and a consumer suffers harm, the consumer can bring forth a lawsuit. This is common in cases involving prescription drugs.
Negligence and Damages
If a consumer who has been injured by a product can prove that the injury would not have occurred but for one of the product defect types listed above, the manufacturer may be held liable for the consumer’s injuries. A consumer can seek the full value of their losses, including compensation for medical expenses, the value of the product, lost wages, and pain and suffering.
In some cases, punitive damages, which are intended to punish the defendant rather than compensate the plaintiff, are also recoverable.
What to Do if You Think You Have a Product Liability Case
If you believe that your injuries are the result of a dangerous and defective product, it is important that you take action quickly. Time is running out – the statute of limitations in New Mexico is only three years.
The longer that you wait to contact an experienced lawyer and bring forth a claim, the more difficult it may be to recover critical evidence and hold the manufacturer of a product liable for your injuries. To start the process of getting the justice you deserve, contact the offices of Wainwright Injury Law today for your free case consultation.