What is a Product Liability Case in New Mexico?

July 17th, 2014 | by RON BELL

Product liability is the burden of responsibility that a company has to produce items for public use that are safe.  Consumers of products obviously carry some responsibility to use those products in a way consistent with the manufacturers’ intention; as long as they are doing so, any defect that injures the users are the manufacturers’ or sellers’ responsibility.  Nearly any product you can buy has the potential to cause harm; however, here are a few examples:

  • Cribs and beds for young children that create suffocation or choking hazards;
  • Cars with poorly designed parts that contribute to rollovers, fires, or unintended acceleration;
  • Electrical appliances that easily short circuit and start fires;
  • Toys manufactured using lead-based paint or other hazardous components;
  • Medical products that fail under normal conditions;

New Mexico law requires manufacturers to stand behind their products and guarantee the safety of consumers under normal usage conditions.  Sadly, even in tragic incidents that cause serious injury or even death, manufacturers deny responsibility, requiring the work of a product liability attorney to compile the evidence and prove liability in court.  A manufacturer can be held liable for injury for one of the following reasons:

  • A product was not built according to specifications and was allowed to be sold to the public with dangerous defects.
  • A product was built correctly, but carried inherent flaws that made it dangerous for people to use.

Occasionally, a company’s quality control department fails to catch an error in the production of an item and allows it to enter the marketplace, where it has the possibility of injuring a consumer.  When the company becomes aware of the mistake, it usually issues a recall, but often not before serious damage has occurred.  Other times, an error in judgment prompts a company to use hazardous materials or a poor design to produce an item.  It is always a manufacturer’s responsibility to thoroughly test a product before releasing it for sale to the public.  This includes pharmaceutical products such as medications and medical devices that malfunction.  A product liability case involving medical devices or medication may also be medical malpractice.

If you believe you’re a victim of a product liability injury and live in the Albuquerque, New Mexico area contact Ron Bell injury lawyers today.  We offer a free consultation and ensure our injury clients are respected and their rights are protected.  Together we can build a case to ensure proper damages are compensated for.

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