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When you shop for products for yourself and for your family, you probably assume that the products that end up in your hands and then the hands of those you love are safe for their intended use. Unfortunately, that is not always how it goes. Unsafe, dangerous, and defective consumer products end up slipping through the cracks all the time. A primer on these types of products can help you understand more about them and when you should contact our Albuquerque product liability lawyers for help.
Defective home appliances, medication and medical equipment, toys, home goods, and more hit the market with regularity. Typically, a defective product is defective or dangerous because it falls under one of four separate categories. The product may:
- Present an inherent danger due to defects in its design, manufacture, or assembly. For instance, a faulty car part creates the potential of an engine fire that may lead to explosions and deaths, or the design of a toy creates a choking hazard for a child.
- Lack clear and adequate labels warning of its risks. For example, a medical device is contraindicated for people with specific conditions, but the manufacturer fails to disclose a warning saying so, or a product is manufactured using equipment that processes tree nuts, but no allergen warning is included on its packaging, putting consumers with nut allergies at risk.
- Lack proper instructions for use. A baby product is safe when assembled correctly, but if it comes with unclear instructions for assembly—and consumers assemble it incorrectly—it might break, and babies can be harmed.
- Be unsuitable for its intended purpose. For instance, a consumer purchases a bicycle helmet, but the helmet cracks after impact with the sidewalk, allowing the wearer to sustain a head injury.
Compensation for Injuries Due to Dangerous or Defective Products
A successful product liability lawsuit hinges on three conditions. First, the product must have an unreasonably dangerous flaw or defect. Second, the consumer must sustain an injury from the product while using the product in the way it was intended to be used. Lastly, the product cannot have been altered in any way prior to use.
Recovery for damages in a product liability case can be limited if it is found that the plaintiff knew about the faulty product but used it anyway or if the plaintiff ignored warnings or instructions that a reasonable person might have heeded.
How Long Do You Have to File A Product Liability Claim in New Mexico?
Notably, a successful product liability claim must be filed within the period allowed by law, which is known as the statute of limitations. In New Mexico, plaintiffs may lodge liability actions within three years of the date of the injury or the date that the injury was discovered.
Have You Been Injured by a Dangerous or Defective Product?
At the Branch Law Firm, we are aggressive advocates for consumer rights. You are not alone in your quest for justice and compensation when you have been hurt by an unsafe product. Reach out to our Albuquerque personal injury lawyers at (505) 317-9955 to discuss your case in greater detail or contact us online.