Have you been injured by a defective product? If so, you may be eligible to pursue legal action through a product liability claim. Although no financial reward can undo the physical and emotional pain caused by a defective product, the law offers recourse to victims. If you need help, contact us today to schedule a free consultation with our Albuquerque product liability attorneys.
What is Product Liability?
Product liability is a type of law that holds manufacturers and sellers liable for injuries caused by a defective product. It covers a wide variety of products, ranging from food to automobiles, toys to cleaning products, and artificially intelligent products in recent years. The basis of product liability is to protect consumers and provide them with a means of recourse if they have suffered personal injuries from a defective product.
How an Albuquerque Defective Product Lawyer Can Help
An Albuquerque Defective Product Lawyer can help in the following ways:
Extensive Knowledge of Product Liability Laws
An experienced defective product lawyer will have a deep understanding of product liability laws and regulations. They are well-versed in the legal aspects surrounding defective product cases and can provide you with skilled guidance on how to proceed.
Investigation and Evidence Gathering
This type of lawyer has the resources to conduct a thorough investigation to determine the nature and extent of the defect. They will gather evidence such as product design, manufacturing processes, and any relevant documentation to build a strong case.
Defective product cases can involve multiple parties, including manufacturers, distributors, and retailers. A lawyer can help identify the liable parties and assess their degree of responsibility for the defect.
Building a Strong Case
Based on their investigations, an attorney can build a compelling case by establishing how the defect led to the injuries or damages. They will work to prove that the product was unreasonably dangerous or lacked proper warnings.
Negotiating with Insurance Companies
If the case involves negotiating with insurance companies, a defective product lawyer can handle these discussions on your behalf. They can work to ensure that you receive fair compensation.
Filing a Lawsuit and Legal Proceedings
If a settlement cannot be reached, a defective product lawyer can file a lawsuit and represent you in court. They will navigate the legal proceedings, present your case, and argue for your rights.
Class Action Representation
In cases where multiple individuals are affected by the same defective product, a lawyer can help initiate or join a class-action lawsuit, providing a collective approach to seeking justice and compensation.
Peace of Mind
Throughout the entire process, a defective product lawyer can provide you with legal advice, answer your questions, and guide you on the best course of action to take so that you can focus on your recovery.
Common Types of Product Liability Claims in Albuquerque
Albuquerque sees several common types of product liability cases. These include design defects, manufacturing defects, failure to warn, and breach of warranty cases.
Design defects occur when a product is designed in such a way that it is inherently dangerous or defective. The result is that all the products are defective because they are all manufactured according to the defective design.
Manufacturing defects refer to situations where the product deviates from its intended design or does not meet expected safety standards due to an issue with the manufacturing process.
Failure to warn occurs when a manufacturer fails to adequately warn consumers of potential hazards associated with their products, while breach of warranty cases involve a product not performing as advertised or meeting specified requirements.
Common Products that Are Known to Have Defects:
Electronics and Gadgets: Battery problems, hardware malfunctions, overheating, etc.
Cars: Engine troubles, transmission issues, tire problems, leading to car accidents.
Home Appliances: Electrical problems, leaks.
Children’s Toys: Choking hazards, lead paint
The 3 Different Types of Product Defects
There are three main types of product defects that can lead to liability under product liability laws:
Design Defects: Design defects occur when a flaw or inherent danger is present in the product’s design itself, even before it is manufactured. This means that all products of that design are potentially dangerous. If a design defect is identified, it means that there was a fundamental flaw in the way the product was conceived, making it unreasonably dangerous for its intended use. In cases of design defects, the entire product line may be considered defective, and the manufacturer could be held liable for any resulting injuries or damages.
Manufacturing Defects: Manufacturing defects happen during a product’s actual production or manufacturing process. These defects can occur due to errors in production, poor workmanship, or the use of subpar materials. Unlike design defects, manufacturing defects affect only a portion of the products in a batch or lot rather than the entire product line. Individuals who are harmed by a manufacturing defect can typically hold the manufacturer responsible.
Marketing Defects (Failure to Warn): Marketing defects, also known as failure-to-warn defects, involve inadequate instructions or warnings about potential risks associated with using the product. If a product requires certain precautions or if there are potential dangers that consumers might not be aware of, the manufacturer has a responsibility to provide clear and adequate warnings. If they fail to do so and someone is injured as a result, the manufacturer may be held liable for damages. These defects are often relevant when a product could be safe if used correctly or with proper knowledge.
Understanding these three types of defects is crucial in product liability cases, as they help determine the basis for holding manufacturers or other parties accountable.
What To Do If You’ve Been Injured By a Defective Product
If you have been injured by a defective product, taking the necessary steps to pursue legal action is essential.
Document The Incident: Immediately document your injuries, property damage, and any other associated financial losses. This will be needed to file any claims related to your injuries. Make sure you take photos of the product as well. Additionally, write down what happened and include as much detail as possible so you don’t unintentionally leave anything out later.
Seek Medical Attention: Seek medical attention as soon as possible. Make sure you document your personal injuries and follow through with all recommended treatments.
Contact a Lawyer: Once you’ve taken care of your health, you should contact a qualified Albuquerque product liability lawyer to build a case against the manufacturer or seller of the product.
Retain Proof of Purchase if Possible: You should also gather and retain any documents relating to the original purchase and use of the product. Do not throw out the product or its packaging.
It’s important to remember that time is of the essence. Taking quick action can ensure that you receive appropriate compensation.
Why You Trust Us With Your Albuquerque Product Liability Claim
If you have been injured due to a defective product, Davis Klein Law Firm is an excellent choice for legal representation. Here’s why:
With more than 50 years of combined experience and multiple multi-million-dollar settlements obtained, our experienced product liability attorneys are well-versed in helping clients recover the compensation they deserve.
We only take your case if we think we can help you, so there is no risk in requesting a free consultation.
You never pay anything upfront, and if we aren’t successful with your case, you don’t owe us anything.