Products Liability: Defective Equipment and Products
The manufacturer of a product has a legal duty to make a product that is safe to use under normal conditions. If you are injured by an unsafe or faulty product, you may have a right to seek compensation for the injuries you sustained.
New Mexico Defective Products Liability Attorneys Serving Clients in Santa Fe
Anybody who uses equipment, machinery or other products in the workplace, as well as in their home, should be able to expect that these products will not pose unreasonable risks of injury. If you are required to use a certain type of product for your job, or if you purchase a product to use as a consumer, even if the product has certain risks, you should be able to expect that the product will provide warnings about known hazards and will not otherwise cause injuries. Yet defective products routinely result in serious and deadly injuries, and many different kinds of products can cause harm. In some cases, defective products will be subject to a safety recall, yet many dangerous machines and other consumer products remain on the market for years before they are recalled. If you are hurt by a product or machine, you may be able to file a products liability lawsuit.
If you or a loved one recently suffered injuries after using a defective product, it is critical to seek advice from an experienced New Mexico defective equipment, machinery, and products lawyer who can help you to file a claim for financial compensation.
Understanding Product Liability and Defective Equipment, Machinery, and Other Products
When a defective piece of equipment, or a machine or other product, results in a serious injury, the injured person may be eligible to file a product liability lawsuit. Product liability law is one area of personal injury law in which a party who has been harmed by a defective product can file a claim against the designer, manufacturer, or marketer of the product in order to seek financial compensation for losses. Generally speaking, there are three different types of defects that can lead to product liability claims:
- Design defects: These are defects that occur in the equipment, machine, or other product at the stage of design, prior to any manufacture of the product or one of its parts. With a design defect, there is something inherently defective about the product because of a danger in the design, and no matter how carefully the product is made or marketed, it will be defective.
- Manufacturing defects: These are defects that occur at some point in the process of the equipment, machine, or other product being made. The defect can occur when a component of one of the products is being manufactured, or when the product as a whole is being made or assembled. Products with manufacturing defects are not inherently defective. Instead, if the defect in the manufacturing process is remedied, the product may be safe for use.
- Marketing defects: These kinds of defects are also known as a “failure to warn.” There is nothing inherently wrong with the equipment, machinery, or other product, but there is something defective in the way it was marketed. In other words, when the product was marketed, buyers were not properly warned about risks associated with using the product. A product may have a marketing defect when it fails to warn about a risk associated with using the product in the way it was intended to be used, or with using the product in a foreseeable manner (even if it is not how the product was intended to be used).
Common Types of Defective Product Claims
When it comes to defective equipment, machines, and other products, there are many ways in which an injury resulting from a product defect may happen. The following are common types of defective product claims:
- Equipment or machine failed to warn about risks;
- Equipment or machine contained a defective part that resulted in an amputation or other serious injury;
- Household appliance is defective and causes an electrocution or burn injury;
- Furniture tips over and falls on a small child;
- Defective drug or medical device causes serious injury to a patient; or
- Auto part causes serious car accidents.
Strict Liability for New Mexico Product Liability Lawsuits
When a defective product results in a serious injury, the injured plaintiff can file a lawsuit on the theory of strict liability. Under New Mexico law, while many personal injury lawsuits are brought on a theory of negligence in which the plaintiff must prove that the defendant was negligent to obtain compensation, product defects claims are different. A designer, manufacturer, or marketer of a product can be strictly liable for injuries.
Contact Our New Mexico Product Liability Lawyers for Assistance
When a defective product has caused a serious injury, it is important to hold the designer, manufacturer, or marketer of that product accountable. Our experienced New Mexico defective product attorneys can assist you. From injuries resulting from defective equipment and machines or other dangerous products, our firm is here to help. Contact Slate Stern Law today for more information about the services we provide and your options for getting started on a product liability lawsuit.