If you were injured by a defective product, you may be entitled to compensation for your injuries. Product liability lawyer Richard A. "Rick" Sandoval has helped victims in Santa Fe, NM, and throughout the state hold negligent parties accountable. During your complimentary consultation, Mr. Sandoval can review the facts of your case within the context of the law and explain your rights and legal options. We understand that law is a complicated area to navigate on your own, and we look forward to supporting you throughout your case and helping you work towards a faster recovery. To schedule a free case review, call our office at (505) 795-7790 or contact our team online today.
Types of Defective Products
A products liability case is built on the claim that a defective product caused injury. In general, a product may defective in three ways:
- Defective design: The product is inherently flawed. Thus, even if the product is manufactured perfectly, exactly to the design specifications, it is still dangerous. In a defective design case, one would expect every product in that particular line of products to exhibit the same flaw.
- Defective manufacturing: Here, the problem arises somewhere in the making or assembling of the product. As conceived, the product generally serves its intended purpose. However, errors in the making of a particular product render it dangerously defective. In these cases, one would expect to find some unsafe products in a line of products that, as a whole, is safe.
- Defective marketing: This refers to packaging, labeling or instructions, which fail to adequately warn of a products inherent and hidden dangers.
Depending on the facts of your case, any person or entity in the chain of manufacturing or distribution of the product may be held responsible for your injuries. This includes:
- The designer of the product or its component parts
- The manufacturer of the component parts
- The assembler of the final product
- The wholesaler who distributes the product
- The retailer who sells the product
In some cases, outside consultants or engineers also may be liable.
Holding Defendants Accountable
You may be able to recover damages, or monetary compensation, for your injuries under strict liability, breach of warranty, or fraud.
We understand that law is a complicated area to navigate on your own, and we look forward to supporting you throughout your case and helping you work towards a faster recovery.
In New Mexico, a defendant may be held strictly liable for injuries caused by a defective product if you are able to prove that:
- The product was, in fact, defective
- The defective product caused your injuries
Whether the defendant was negligent or unreasonably careless in designing or manufacturing the product is irrelevant. Likewise, the fact that the defendant may have been exceedingly careful in designing or manufacturing the product also is irrelevant. Strict liability gives you a strong advantage in the case, but it does not ensure a win. The defendant still may argue that:
- The product was not unreasonably dangerous
- Even assuming it was dangerous, you should have been aware of that danger and taken steps to avoid it
- The product did not cause your injuries
Negligence is a failure to exercise reasonable care. Depending on the facts of your case, you may be able to hold a defendant accountable based on a theory of negligence.
Breach of Warranty
A claim for breach of warranty is, essentially, a claim based on a broken promise. If, for example, a product is advertised for a specific use, sold for a specific use, and packaged and labeled as such, but you are injured using the product in that specific way, this may give rise to a claim for breach of warranty.
If the defendant knew the product was defective and kept silent about that fact or intentionally misrepresented the nature of the product, these facts may support a claim for fraud.
Contact Our Firm Today
Almost any product you can imagine including drugs, drug devices, autos, auto parts, tools, manufacturing equipment, camping equipment, or toys will support a products liability action if it is defectively designed, manufactured or marketed. As you can see, product liability cases are complex and usually will involve multiple defendants and multiple claims. To ensure the best outcome for you and your family, you need a knowledgeable defective products lawyer on your team. To meet with Mr. Sandoval to discuss your case, please call our firm at (505) 795-7790 or contact us through our online form and schedule a free initial consultation.