Albuquerque Product Liability Attorney

When you purchase a product, you trust that it’s been tested for safety and will work as intended.

Unfortunately, not all products meet stringent safety standards.

Some are rushed to market without proper testing, while others contain hidden defects that can cause serious harm.

You may have a valid legal claim if you or a loved one has suffered an injury because of a defective product. Reach out to the team at Barrera Law Group, LLC.

Our Albuquerque product liability lawyer can help you hold manufacturers, distributors, and retailers accountable for their negligence.

We will take the time to pursue a product liability case to help compensate you for your injuries, damages, and other losses.

Types of Product Liability Cases

Defective products cause injuries all the time. In 2023, the National Safety Council estimated that 12,740,256 Americans were injured by consumer products. If you were one of those individuals, your product liability case may fall into one of three main categories. These include:

Design Defects

A design defect refers to a product that was inherently unsafe from the outset. Even if it was manufactured correctly, the product poses a risk to consumers because of its flawed design.

One example might be a defective baby crib. If the bars are spaced too far apart, that can create a strangulation hazard. Every crib made from that design would have the same risk. This is a design defect case.

To win a design defect claim, your attorney must prove that the company could have designed the product to make it safer.

Manufacturing Defects

A manufacturing defect occurs when something goes wrong during the production process. This renders the product hazardous, despite its inherently safe design.

For instance, a batch of car tires produced with a flaw makes them more likely to blow out at high speeds. Although the design was fine, a manufacturing error made them unsafe.

In these cases, your lawyer must prove that the product did not work as intended and that this defect directly caused your injuries.

Failure To Warn (Marketing Defects)

Companies are required to warn consumers about potential dangers associated with using their products.

They can be held liable for injuries if they fail to provide clear instructions or warnings.  This could include a power tool that lacks a warning about the risk of electric shock when used near water.

This example would be considered defective due to a lack of proper warnings.

To win a failure-to-warn case, you must prove that the manufacturer knew or should have known about the risks but failed to inform consumers.

Common Injuries Caused by Defective Products

Defective products can cause a large range of injuries, from mild to life-threatening. Some of the most common include:

• Burns caused by malfunctioning electronics, flammable clothing, or defective batteries that overheat.
• Broken bones resulting from defective ladders, tools, or furniture that collapse unexpectedly.
• Head and brain injuries can be caused by faulty helmets, defective car airbags, or unsafe playground equipment.
• Internal organ damage stemming from contaminated food, dangerous medications, or defective medical implants.
• Choking and suffocation in cases involving children’s toys or faulty seat belts and airbags.

These injuries should never have occurred. However, these incidents occurred due to the negligence of a manufacturer, distributor, or designer. In these situations, you have the right to take legal action.

Liable Parties in These Claims

When a defective product causes harm, multiple parties may be responsible. Liability in a product defect case is not always limited to the company that manufactured the product. Other entities in the supply chain could also be held accountable.

Manufacturers

The primary party in most product liability cases is the manufacturer. This can be a large corporation, a small business, or even an individual who designed and produced the product.

Parts Suppliers

Many products are manufactured using components sourced from various suppliers. If a specific part of the product was defective, the supplier of that part might share liability.

Distributors and Wholesalers

Between the manufacturer and the retailer, there may be distributors or wholesalers who handle the product. If they knowingly distributed a defective product or failed to recall a dangerous item, they could be included in a lawsuit.

Retailers

Even though retailers do not make the products they sell, they can still be held responsible for selling unsafe items to consumers.

These are just a few parties who may be named in a lawsuit. When you work with an Albuquerque product liability lawyer, they can help determine all responsible entities for your claim.

Who Can File a Product Liability Claim?

Not everyone injured by a product is eligible to file a lawsuit. To have a valid claim, you must meet certain legal requirements:

• The product was defective: You must prove that the product had a design defect, a manufacturing flaw, or lacked proper warnings.
• The defect caused your injury: Owning a defective product is not enough; it must have directly led to your harm.
• You were using the product correctly: If you misused the product in a way the manufacturer could not have predicted, you may not have a case.
• You suffered measurable damages: Whether through medical expenses, lost wages, or pain and suffering, you must have real losses as a result of the injury.

If you are not sure whether you qualify, speaking with an Albuquerque product liability lawyer can help clarify your options.

What Compensation Can You Recover?

A successful product liability claim can help you recover compensation for both financial losses and personal suffering. You may be entitled to:

• Medical expenses
• Lost wages
• Property damage
• Pain and suffering
• Loss of enjoyment of life
• Emotional distress

Punitive Damages

If a manufacturer acted with extreme negligence, such as knowingly selling a dangerous product, punitive damages may be awarded.

How to Prove Fault in a Product Liability Case

If you want to have a successful product liability lawsuit, your lawyer must prove that the product was defective and that it caused your injuries. Strong evidence is key, including:

• Expert testimony: Engineers, safety specialists, and medical experts can analyze the product and confirm the defect.
• Recalls and safety reports: If the product has been recalled or flagged for safety concerns, that can help support your case.
• Medical records: Your injuries and their connection to the defective product must be clearly documented.
• Eyewitness testimony: Statements from people who saw what happened can help strengthen your claim.
• Receipts and product documentation: You need proof that you purchased and used the product as intended.

Your Albuquerque product liability lawyer will collect and present this evidence to build the strongest case possible in your favor.

How Long Do You Have to File a Claim in New Mexico?

In New Mexico, product liability claims must meet strict deadlines:

• Three years for personal injury claims, starting from the date of injury
• Three years for wrongful death claims, starting from the date of death
• Four years for property damage claims

If you don’t file within these time limits, you could lose your right to seek compensation. For this reason, you should take action as soon as possible.

Why You Should Call an Albuquerque Product Liability Lawyer Today

Taking on a big corporation or manufacturer can feel like climbing a mountain. Fortunately, there is help for your side. Our experienced Albuquerque product liability lawyer is ready to help you get the compensation you deserve.

These companies have teams of attorneys working to protect their bottom line. You deserve someone fighting just as hard for you. If a defective product has injured you, Barrera Law Group, LLC is ready to assist with your claim.

Contact us today for a free consultation.