If you own a consumer product that was recently subject to a recall, or if you own a consumer product that caused injury to you or someone in your family, you could be eligible to file a product liability lawsuit. Yet product liability claims can be complicated, and it is important to seek advice from an experienced Santa Fe product liability lawyer to learn more about filing a lawsuit. The following are five things to know about product defect claims in New Mexico.
1. Many Kinds of Product Defects Exist
Product defects can take several different forms, and it is important to understand what type of defect exists in order to know who is liable for damages. In general, product defects include the following:
- Design defects;
- Manufacturing defects; and
- Marketing defects, or failure to warn.
Design defect claims must be filed against the designer of the product or one of its components, manufacturing defect claims must be filed against the manufacturer of the product or one of its components, and marketing defects must be filed against a marketer or retailer of the product.
2. Defects Can Affect Nearly All Consumer Products
Beyond the different types of product defects, it is important to know that nearly any type of consumer product may contain a defect. These defects can range widely in terms of severity, with some posing very serious injury risks to consumers and others posing very little risk of injury.
3. Injury is Required for a Product Defect Lawsuit
In order to file a product liability lawsuit, you will need to have suffered an injury from your use of the product. While many people own consumer products that are subject to safety recalls, you should know that owning the product is not a reason to file a lawsuit. You will only be eligible for compensation if a defective product has caused harm.
At the same time, you should know that a successful product liability lawsuit does not require the product to have been subject to a recall. Many hazardous consumer products are never recalled, or are recalled long after numerous consumers have gotten hurt.
4. Product Makers Are Strictly Liable for Defects in New Mexico
Product makers are strictly liable for defects that cause injuries in New Mexico, which means that an injured plaintiff does not need to prove negligence. Rather, the plaintiff only needs to prove that the defendant designed, manufactured, or sold the product and that it caused harm to the plaintiff.
5. Most Product Liability Lawsuits Must Be Filed Within Three Years from the Date of Injury
Most personal injury lawsuits in New Mexico must be filed within three years from the date of the injury according to the New Mexico statute of limitations.
Contact a New Mexico Product Liability Lawyer Today
If you or someone you love sustained injuries as a result of using a defective product, it is time to seek advice from an experienced Santa Fe personal injury lawyer. Even if the product has not yet been subject to a safety recall, you may still be able to file a lawsuit against the maker or retailer of the product in order to seek financial compensation for your losses. Contact Slate Stern Law for more information.