Experienced Albuquerque Product Liability Attorneys
Albuquerque Product Liability Attorney
The lawyers who specialize in product liability cases in Albuquerque
Product liability cases in Albuquerque can be complex. Whether it’s a malfunctioning medical device, a hazardous consumer product, or a faulty automotive component, understanding your legal rights and options is necessary to get the justice you deserve.
Have you or a loved one suffered injuries due to a faulty product in Albuquerque?
Contact Goldberg & Loren now by calling our office or filling out the online form. Don’t wait any longer to get the legal help you need. Let us fight for your rights and secure the compensation you deserve.
What is Product Liability?
Product liability refers to the legal responsibility of a manufacturer or seller for any harm caused by a defective product they have produced or sold. [1] This can include anything from manufacturing defects, design defects, inadequate instructions or warnings, and even failure to inspect or test the product before it is released to the public.
Often when a product is found to be dangerous, a recall will be issued. This was the case with the Takata Airbags, a well-known recalled product that caused many catastrophic injuries. Product liability law allows those affected by defective products to hold companies responsible for any injuries caused.
Common Types of Product Liability Cases in Albuquerque, NM
Product defects can take many forms and can affect any type of product. Some of the most common types of product defects include:
- Design Defects: When the product’s design fails to meet safety standards set by its manufacturer or industry, this may include products with sharp edges or those that are too easy to open, potentially creating a hazard.
- Failure to Test or Inspect: Manufacturers have a responsibility to inspect their products before releasing them into the marketplace, and failure to do so can lead to faulty products that may be dangerous.
- Lack of Adequate Instructions or Warnings: Some products may require special instructions to be used safely, and these must be clearly stated on the packaging or within manuals. Failure to provide these can create a hazard and put consumers at risk of injury.
- Manufacturing Defects: These are errors that occur during the manufacturing process, resulting in a product that does not meet the safety standards set by its manufacturer. Examples include incorrect assembly or parts being left out completely.
If you have been injured as a result of any product defect, contact Goldberg & Loren in Albuquerque. Our experienced product liability attorneys will provide the aggressive representation you need to seek justice and compensation.
Examples
Here are some common examples of product liability cases:
- Food Poisoning: Consuming contaminated food products that lead to illnesses such as Salmonella or E. coli infections.
- Unsafe Toys: Toys that contain small parts pose a choking hazard to young children. Other unsafe toys may be made from toxic materials.
- Defective Automobile Parts: Faulty brakes, airbags, or tires that fail to perform as intended can lead to accidents and injuries.
- Dangerous Pharmaceuticals: Medications that have harmful side effects not adequately disclosed by the manufacturer.
- Medical Devices: Faulty hip implants, pacemakers, or surgical tools that malfunction cause harm to patients.
- Household Appliances: Malfunctioning appliances such as stoves, refrigerators, or washing machines can cause fires or electrical shocks.
- Cosmetics and Personal Care Products: Personal care products may cause allergic reactions or skin damage due to undisclosed harmful ingredients.
- Chemicals and Cleaning Products: Household cleaners or industrial chemicals that do not have proper warnings or cause respiratory issues are dangerous products.
Common Injuries from Product Liability Cases in Albuquerque
Product liability cases often involve serious injuries that can leave victims with long-term physical, emotional, and financial consequences. Some of the most common injuries associated with product liability cases include the following:
- Broken Bones: Faulty products can lead to falls or car accidents, resulting in broken bones.
- Burns: Defective products can cause electrical shocks or contact with hot surfaces.
- Cuts and Punctures: Sharp edges on a product can cause deep cuts and puncture wounds that require medical attention.
- Death: In extreme cases, faulty products can cause death. Examples may include defective automotive parts, sports equipment, or medical equipment.
- Eye Injuries: Objects or particles released from faulty products can cause eye injuries that range from minor irritation to permanent blindness.
At Goldberg & Loren, our experienced product liability attorneys are here to help if a defective product has injured you. We will fight to get you the compensation you deserve for your pain and suffering.
Table of Contents
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What is Product Liability?
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Common Types of Product Liability Cases in Albuquerque, NM
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Common Injuries from Product Liability Cases in Albuquerque
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How To File a Product Liability Case in Albuquerque
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Statute of Limitations For New Mexico Product Liability Cases
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Recoverable Damages for Product Liability Cases
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Contact Our Experienced Albuquerque Product Liability Attorneys Today
Related Information
How To File a Product Liability Case in Albuquerque
Filing a product liability case in Albuquerque involves several important steps to ensure your claim is properly documented and pursued.
Here’s a guide on how to file a product liability lawsuit:
- Document Your Injury: Begin by documenting your injury thoroughly. Keep records of medical treatments, prescriptions, hospital visits, and any other expenses related to your injury caused by the defective product.
- Preserve Evidence: Preserve the product itself, if possible, along with any packaging, instruction manuals, receipts, and photographs of the accident scene or injuries sustained. This evidence will be key in proving your case.
- Consult with an Attorney: Consult with our experienced product liability attorney in Albuquerque. We can evaluate your case, determine if you have grounds for a claim, and guide you through the legal process.
- Investigation and Evaluation: Our product injury lawyer will conduct a thorough investigation into the product defect, gathering evidence such as expert opinions, witness statements, and manufacturer records. We will evaluate the strength of your case and determine potentially liable parties.
- Determine Liable Parties: Identify all parties that may be held responsible for your injury, including manufacturers, distributors, retailers, and anyone else in the supply chain of the defective product.
- Prepare and File Your Claim: Our defective product lawyer will prepare a formal complaint outlining the details of your case, including the nature of the defect, how it caused your injury, and the damages you’re seeking. This complaint will be filed in the appropriate court in Albuquerque.
- Negotiation and Settlement: In many cases, product liability claims are resolved through negotiation with the defendant’s insurance company or legal representatives. We will advocate for a fair settlement that compensates you for your injuries and losses.
- Litigation (If Necessary): If a fair settlement cannot be reached, Our product liability attorney will prepare your case for trial. They will present evidence, call witnesses, and argue your case before a judge and jury to seek a favorable verdict.
- Resolution and Compensation: If successful, you will receive compensation for medical expenses, lost wages, pain and suffering, and other damages as determined by the court or through settlement negotiations.
By working closely with our experienced personal injury lawyers in Albuquerque, you can navigate the complexities of your case with confidence and pursue the justice and compensation you deserve.
Statute of Limitations For New Mexico Product Liability Cases
In Albuquerque, New Mexico, the Statute of Limitations for filing a product liability lawsuit generally depends on the type of claim involved. Here’s an overview of the Statute of Limitations applicable to product liability cases in Albuquerque:
- Personal Injury: If you have been injured due to a defective product and are seeking compensation for your injuries, including medical expenses, pain and suffering, and lost wages, the Statute of Limitations is typically three years from the date of injury. This is outlined under New Mexico Statute § 37-1-8.
- Property Damage: If the defective product caused damage to your property (e.g., damage to your home or vehicle), the Statute of Limitations extends to three years from the date when the damage occurred.
- Strict Liability: In cases where strict liability applies, which means you do not need to prove negligence, but only that the product was defective and caused harm, the same three-year Statute of Limitations generally apply.
Recoverable Damages for Product Liability Cases
Product liability cases can have serious consequences, and victims are entitled to recover damages for their pain and suffering.
Common types of recoverable damages in product liability cases include:
- Legal Fees: You may be able to recover legal fees associated with your case, including court costs and attorney’s fees. This can help offset the financial burden of taking legal action against a negligent manufacturer or seller.
- Lost Wages: Injuries from defective products can lead to missed work or a loss of income due to disability. You may be eligible to recover lost wages resulting from the incident.
- Medical Expenses: Victims of product liability may be eligible to recover medical expenses related to any injury or illness caused by the defective product. This includes hospital visits, surgeries, prescription medications, and physical therapy.
- Pain and Suffering: Damages for any physical pain or emotional distress caused by the incident may be available. This includes anxiety, depression, and any other mental anguish caused by the product defect.
- Punitive Damages: Punitive damages are awarded in product liability cases to punish the manufacturer or seller for their negligence. These damages are not meant to compensate victims, but rather to discourage similar behavior in the future.
- Wrongful Death: In cases where a defective product leads to death, surviving family members may be able to recover wrongful death damages for their loved one, including funeral and burial costs.
If you have been injured as a result of a faulty product, contact Goldberg & Loren in Albuquerque; our experienced product liability lawyers can help you seek justice and get the compensation you’re entitled to.
Contact Our Experienced Albuquerque Product Liability Attorneys Today
Contact our highly skilled team of product liability attorneys at Goldberg & Loren in Albuquerque today. We have a proven track record of securing over $500 million in compensation for our clients who have suffered due to defective products.
At Goldberg & Loren, we understand the financial strain that a personal injury can cause. That’s why we operate on a contingency fee basis, meaning you don’t pay us anything unless we successfully recover compensation for you. This approach underscores our commitment to ensuring justice for our clients without adding financial burden during an already challenging time.
Our defective product lawyers have extensive experience in product liability cases and will fight hard to ensure that you get the compensation you deserve. Contact us today to schedule a free consultation and learn more about your legal options.
Source:
[1] product liability. (n.d.-b). LII / Legal Information Institute. https://www.law.cornell.edu/wex/product_liability
Goldberg & Loren
4801 Lang Ave NE UNIT 110,
Albuquerque, NM 87109
(505) 317-5813
We fight hard for our clients who have suffered injuries due to faulty products in Albuquerque. Our personal injury lawyers fight for maximum compensation.
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