Who is liable when a product injures a consumer in NM?
When we purchase a product, we do so with the innate belief that the product will be safe for its intended use. Many of us will purchase several thousands of items within our lifetimes, and most of the time the products we use will operate correctly. At times, however, a defect within the product or the product’s warning label could cause us to suffer serious injuries. Each year, thousands of consumers will be injured by products commonly used in the household, including toys, furniture, medication, cars, and other items. If you have suffered an injury linked to a consumer product, review the following product liability basics in New Mexico.
Three Types of Product Liability Lawsuits
New Mexico law provides that manufacturers or distributors will be held strictly liable for a defective product that causes injury to a consumer. This means that an injured consumer will not need to prove that the manufacturer or distributor acted negligently. Rather, the manufacturer will be liable for damages even if it used care in the creation and distribution of the product. To recover in a product liability lawsuit, you will need to establish that the product was defective in some manner, you suffered injuries as a result, and you incurred damages.
There are three main theories of product liability, including:
Design defect: If the product was designed poorly or not properly tested, this could indicate a design defect. A design defect lies in the actual design of the product, not in errors made in manufacturer. Accordingly, a design defect will exist even if a product is built perfectly to the design’s specifications.
Manufacturing defect: Manufacturing defects happen when a product is safely designed, but during the manufacturing process it becomes dangerous. This can be due to factory errors or defective pieces.
Marketing defect: An otherwise safe product can become dangerous and defective if errors exist in the warning labels or instructions. Inadequate warning may lead to serious consumer injuries
Consumers injured by a defective product may potentially be eligible to receive damages to cover their medical expenses, lost wages, pain and suffering, and more. Anyone who has suffered an injury linked to a product should consult with a product liability lawyer as soon as possible.
Posted in: Product Liability