Albuquerque Dangerous Product Attorneys
Fighting to Recover Compensation for Albuquerque Victims Injured by Dangerous Products
You should never have to worry about a product hurting you if you use it in the way it was intended. Unfortunately, problems in the design or manufacturing processes can sometimes result in products with unexpected risks and hazards. Manufacturers may also fail to adequately warn you about how to safely use a product with inherent dangers.
If you have been injured by a defective product, turn to Potts Law Firm for sophisticated, results-oriented representation. It’s all about getting you the best possible result, and with over 250 years of combined legal experience and over $1 billion recovered for our clients, we are confident we have what it takes to win. Our Albuquerque dangerous product lawyers are collaborative legal professionals who will be here to support you every step of the way.
You owe our firm nothing unless we prevail, so call (505) 305-1283 or contact us online to schedule a free initial consultation today. We offer same-day appointments and provide services in English and Spanish.
Types of Product Defects Recognized under New Mexico Law
Each state has its own product liability laws. New Mexico’s “strict liability” rules favor consumers: You are not required to prove negligence in a product liability claim, and it does not matter how much or how little care was taken to ensure the product was safe. If you can prove the existence of a defect and that the defect injured you, you likely have a case.
The three main types of product defects that are grounds for a product liability claim include:
- Design defects. A product has a design defect if its very design is fundamentally and unreasonably dangerous. All units of a product with a design defect will thus be hazardous. Keep in mind that a product with unavoidable, inherent dangers does not necessarily have a design defect. The defect must make the product unreasonably dangerous, especially in light of its intended function. When determining whether a safety problem could constitute a design defect, a good rule of thumb is to consider whether a safer design could have been used without sacrificing the product’s functionality.
- Manufacturing defects. When a product has a manufacturing defect, there is nothing inherently wrong with its design, but the product becomes dangerous due to a manufacturing problem, such as shoddy workmanship. Only the units that were directly affected by the manufacturing issue will be potentially dangerous. A manufacturing defect may cause a product to not work as expected or promised, potentially causing injury. A car’s safety features may not work, for example, or a machine may overheat, causing burns or an explosion.
- Marketing defects. Manufacturers and other participants in the distribution chain of a product have a responsibility to “market” how the product should be safely used. In other words, you must be warned about any known risks and given sufficient instructions on how to safely use the product and avoid injury. A product may have a marketing defect if there is a failure to warn you about dangerous elements and other risks, such as the potential side effects of a pharmaceutical drug.
In New Mexico, anyone involved in the design, marketing, or distribution of a dangerous product can be held legally responsible for the injuries they cause. This means you may be able to successfully take legal action against the product’s designer, manufacturer, or seller.
If you were hurt by a product but are not sure whether you have a claim, do not wait to get legal advice. Our Albuquerque dangerous product attorneys can evaluate your case and walk you through your legal options.
We are ready to help you hold the manufacturers, distributors, and sellers of dangerous products accountable. Contact us online or call (505) 305-1283 to get started.
I had a wonderful experience with this law firm.- Stephen P.
I wouldn’t hesitate to recommend him or any of the team at Potts.- Theo C.
The Potts Law Firm is a powerhouse of brilliant attorneys.- Molly H.
I would recommend Potts Law Firm for any and all legal matters that come my way in the future!- W. Gary
Great law firm!- Hugo G.
In New Mexico, you typically have three years from the date you were injured to bring a product liability claim. Many dangerous product incidents are straightforward, meaning there should be no ambiguity over the date you were injured and consequently when the deadline is for taking legal action. For example, if a blender exploded and injured you, you will be certain of the date of the incident and the time limit for starting the legal process.
Not all injuries caused by dangerous products will be as obvious or apparent. You may not realize you were injured by a product for days, weeks, months, or even years after you used or ingested it. This scenario can be common in cases involving pharmaceutical drugs and medical devices. New Mexico’s discovery rule gives you three years from the date you discovered or should have reasonably discovered your injuries were related to a dangerous product. If you learn an adverse health condition may be the result of a pharmaceutical drug you took several years ago, you would generally get three years from the date you learned of this possible connection to file a claim.
The time limits that apply to your claim could become more complicated if a party you plan to sue is located somewhere other than New Mexico. You do not want to lose the opportunity to recover damages because of a missed deadline, so reach out to Potts Law Firm as soon as you are injured or suspect an injury may be related to a dangerous product.
Seat Back Failure Seven-Figure Settlement
Potts Law Firm secured a confidential seven-figure settlement against an automobile manufacturer when the client’s vehicle was struck by another vehicle causing the driver’s seat to collapse backward allowing the client to be thrown into the back seat where she received spinal cord injuries, rendering her a quadriplegic.
Defective Airbag Seven-Figure Settlement
Potts Law Firm secured a confidential seven-figure settlement against an automobile manufacturer for the clients when their nine-year-old daughter was killed by the passenger side airbag in this low-energy collision.
Small Statured Seat Belt Defect Confidential Settlement
Potts Law Firm secured a judgment and subsequent confidential settlement against an automobile manufacturer for a defective occupant restraint system provided for the front seat driver in a 1990 vehicle. This was a judge-tried case. After presenting evidence as to liability, the judge entered a plaintiff’s verdict.
Auto Explosion Seven-Figure Settlement
Potts Law Firm secured a confidential seven-figure settlement against an automobile manufacturer for a defective fuel tank system. The client received 3rd and 2nd-degree burns over 60% of her body when the 2004 vehicle she was driving was hit in the rear causing the vehicle to become as witnesses describe a “fireball.”
Defective Seat Belt Seven-Figure Settlement
Potts Law Firm secured a confidential seven-figure settlement against an automobile manufacturer for the clients when the restraint system in the subject vehicle failed to properly restrain their son in a rollover.
Defective Seat Belt Buckle Seven-Figure Settlement
Potts Law Firm secured a confidential seven-figure settlement against automobile manufacturers when the client’s seat belt was unlatched during a collision allowing him to move forward which caused his head to impact the interior of the vehicle. The client was immediately rendered a quadriplegic.
Avandia Aggregate Settlement Seven-Figure Settlement
Potts Law Firm entered a high seven-figure aggregate settlement on behalf of clients that ingested Avandia and were injured.
Wrongful Death of Employee $6.35 Million
Potts Law Firm served as lead counsel for the family of a man who was killed while on the job due to a product failure. After a short time in litigation, Potts Law Firm was able to settle the case and also received a voluntary worldwide recall of the product; ensuring no one else would suffer injuries or death resulting from the failed product in the future.