When you purchase a product, you do so with the assumption that it will be safe for you and your loved ones. Unfortunately, this isn’t always the case. Sometimes consumer products are found to cause injury and are subject to a recall. But what happens if you or your loved one is, in fact, the person injured? Here’s what you should know about product defects in New Mexico.
Many Kinds of Product Defects Exist
There is more than one type of product defect; in fact, there are a few. So, why does this matter? Well, it is important in determining who is to be held liable for your damages.
Product defects include:
- Design defects;
- Manufacturing defects; and
- Marketing defects (commonly referred to as failure to warn).
A design defect means that there is an error with the actual design of the product. This would automatically mean that every single product made with this design would be defective. Design defect injury claims are filed against the designer of the product or one of its components. A manufacturing defect is an error that occurs during the manufacturing process during which the product is made. It must be filed against the manufacturer of the product or one of its components. And finally, a marketing defect is generally a failure to properly label a product or to adequately warn the consumer of its risks. Marketing defect injury claims must be filed against a marketer or retailer of the product.
While there are different types of product defects, no consumer product is free of risk; any product is capable of being defective. However, the severity of the defect can make the biggest impact. Some defects are very minor and pose little risk, while others are extremely serious and could cause severe injury or even death.
There Must Be an Injury
In order to have a successful product liability claim, there needs to be an injury from using the product. If you purchase a product that is then recalled, you are not entitled to recover damages. You can only receive compensation if the defective product causes harm. This does not mean that the product had to have been recalled to recover damages.
New Mexico Holds Product Makers Strictly Liable
New Mexico is a state that gives a lot of favor to the injured plaintiff. In New Mexico, the makers of products are strictly liable for any injuries that their defects cause. Put simply, an individual who suffers an injury due to a product defect in New Mexico does not have to prove negligence. They only need to show that the defendant was the one who designed, manufactured, or sold the product, and that the product caused them harm.
It’s also important to mention that most product liability lawsuits must be filed within three years from the date of injury; if they are not, the individual who has been injured may lose the right to sue and receive compensation.
MPJ Law Firm Can Help Those in NM Who Have Been Injured by a Product Defect
If you or a loved one has been injured by a product defect, it can greatly impact your life and/or the lives of your loved ones. It can be difficult enough dealing with your injuries, but it can be even harder when you are left to pick up the pieces financially. You should never have to pay the price for someone else’s mistakes.
At MPJ Law Firm, we have a deep understanding of product defect law and understand the effects that injuries caused by such products can have on just about all aspects of your life. We will always act in your best interest. To learn more or to schedule a free consultation, contact us today!
Posted in: Product Liability