When you purchase a product, whether it’s a new gadget for the kitchen or cold medicine, you expect the product to be safe and do what it was made to do. While many products are supposed to undergo rigorous testing before reaching shelves, problems can arise during the process and make the product unsafe. A defective product has the potential to severely harm someone and may even put their lives in danger. If you or a loved one has sustained an injury or illness because of a faulty product, our Albuquerque product liability lawyers can help you.
Buckingham Barrera Law Firm has stood up for those who were hurt because of defective products in the past. Our lawyers know how complex product liability cases can be and how some people may feel intimidated at going up against a company. However, when a company’s negligent actions caused your injuries, they should be held responsible. We will go over every aspect of your case to find evidence that shows how negligence caused your injuries and losses.
What Makes a Product Defective?
When you’re filing a product liability claim, knowing how the product became defective can help you. There are a few stages where negligence can occur when the product is being made. Let’s take a look at the three categories that New Mexico recognizes as defective:
- Manufacturing Error
- Design Flaw
- Failure to Warn/Instruction Error
A manufacturing error can occur if the manufacturing company tries to cut corners to save money. This could mean using cheaper materials or not putting the product under as many tests as they should. When there’s a manufacturing error, the product could become damaged during the process. If there is a manufacturing error, it could mean one product or that particular batch of products is defective.
When there’s a design flaw, it means there is something wrong with the product that could cause it to malfunction immediately or break down over time. One potential danger of a design flaw is the product catching on fire or short-circuiting. A person using the product could get an electric shock, a burn injury, or the product could start a fire.
Most products have packaging that lists instructions on how to use it and also includes warnings that inform consumers of dangers that may not be obvious. If a company fails to put a warning on the packaging about an issue they knew could arise, then they’re putting consumers in harm’s way and this could lead to a consumer getting hurt. The instructions must also be clear. If there is missing information or the instructions use graphics that are confusing, it could result in a consumer thinking the instructions were telling them to use the product in a certain way that causes harm.
Careful investigation of the product, how it was manufactured, and your injuries will give your attorney a picture of how the accident occurred. We’ll gather as much evidence as possible to show how the product was defective and caused your injuries.
How Can a Product Liability Lawyer in Albuquerque Help You?
In New Mexico, you must be able to prove four points to show the company exhibited negligence with their product. The product liability attorneys at Buckingham Barrera Law Firm will gather the evidence necessary to prove:
- You were owed a duty by the company
- The company breached the duty
- There’s a connection between the company’s actions and your injury
- Your injuries resulted in economic and noneconomic losses
As your lawyer starts the process of connecting the company’s negligence to your injuries, we’ll also look into the type of defective product that harmed you. Let’s take a look at what kinds of products can be faulty and the harm they can cause.
Examples of Defective Products
Any product can be defective if there’s negligence involved. We’ve seen cases from many types of malfunctioning products. Here are some common products that could cause serious injuries if they’re defective:
- Household Appliances
- Kitchen Tools
- Children’s Toys
- Lawn Care Equipment
- Medical Devices
- Dangerous Drugs
- Auto Parts
Household appliances like ceiling fans and air conditioners could have faulty securing mechanisms that could result in them falling and striking someone. They could suffer from head trauma or broken bones.
Kitchen tools like blenders and toasters could have major flaws. A blender could have a defect that causes the blades to spin when thy aren’t supposed to, which could cause cuts or even amputation. A toaster may have an issue that causes the entire appliance to become burning hot, which could result in burn injuries.
Children’s toys could contain toxins that make it dangerous to be around, such as lead paint. These toxins could make a child sick.
When lawn care equipment has a flaw, the person using it, as well as others near them, could be in danger. Lawnmowers and weed wackers have sharp blades that could cause severe lacerations if the product is defective.
Medical devices can be found in the home and in hospitals as many people depend on them to improve quality of life and also to alert medical professionals if something is wrong. They can break down, cause infections, or fail to do what they’re intended to do.
Dangerous drugs may have side effects the consumer wasn’t warned about. If the consumer takes a dangerous drug, they could suffer from a severe allergic reaction or have another type of reaction that will require more medical care to treat.
A defective auto part could cause devastating car accidents. Issues with tires, engines, steering, and brakes may not be apparent until the person is on the road. Discovering a crucial part of a vehicle doesn’t work while one is driving is a terrifying experience and the driver may not know what to do. The faulty auto part puts the driver and the vehicle’s occupants in danger, as well as the other drivers on the road.
To stay informed about defective products, you can check to see what products have recently been recalled.
If you don’t see the kind of defective product listed above, you should still get in touch with one of our product liability attorneys in Albuquerque. While you may feel alone in these cases, there could be a group of people who suffered injuries because of the product. Our mass tort attorneys will know if your case would apply to that situation.
Buckingham Barrera Law Firm Can Help You
Our lawyers know how a severe injury can put your life on hold. You may be in the hospital for treatment, and when you leave you’ll have expensive medical bills to pay off. Taking time to heal can keep you away from work. Financial stress can make the notion of taking on a legal claim seem daunting, but our attorneys are here for you. We’ll fight for you to get full and fair compensation for your injuries. We’ve helped people stand up to negligent manufacturing companies and get the justice they deserve. Give our office a call today to schedule a free consultation.