Albuquerque Products Liability Attorneys
Bold Legal Solutions in New Mexico
When a consumer purchases or use a product, they assume it is safe to operate. Unfortunately, defective products, ranging from simple kitchen appliances to complex motor vehicles, have the potential to cause serious long-term injuries or illnesses to numerous parties.
Every new product creates the potential for litigation in this ever-evolving, high-stakes field. At Atkinson, Baker & Rodriguez, P.C., we have the hands-on knowledge and tenacious drive to get favorable results and get them quickly. Our Albuquerque products liability lawyers have over 25 years of legal experience and have litigated these matters in a variety of state and federal courts. We are also prepared to pursue mass torts in these situations and are never afraid to go to trial. From construction projects to toxic exposure cases, to pharmaceuticals and medical devices, our accomplished team has achieved success in numerous product liability cases.
New Mexico Statute of Limitations for Product Liability Lawsuits
In the state of New Mexico, a consumer has three years from the date of the injury or the date they should have reasonably discovered an injury to initiate legal action. If a defective product results in death, the decedent’s loved ones have up to three years from the date of their passing to file a wrongful death lawsuit.
When Do I Need a Products Liability Lawyer?
Whenever a product is released for public use, all parties involved in the product’s creation and distribution may be liable for injury-causing defects. Depending on the nature and origin of the defect, each participant in the product’s chain of manufacture could potentially be found liable.
Three major types of product defects may confer liability:
- Design Defects. Design defects exist within the design itself, meaning the product has one or more inherently dangerous flaws before it is manufactured. Keep in mind that a product with a design defect may still work as advertised, but the flaw(s) may also make the product dangerous to use. In the state of New Mexico, the plaintiff has the burden of proving a product has a design defect.
- Manufacturing Defects. In these somewhat rarer cases, the design of the product is sound, but a defect emerges due to shoddy or flawed production methods. A product might suffer from a manufacturing defect if a manufacturer uses substandard materials, for example.
- Marketing Defects. Examples of marketing defects include insufficient instructions for how to safely use the product or insufficient warnings about the product’s inherent risks.
As a consumer, you should immediately get in touch with a legal professional if you become sick or injured after using a product. It may not be instantly apparent that a specific product is causing an illness, but it may be helpful to seek a professional medical opinion and research whether other consumers are having similar issues.
As a producer or participant in a product’s supply chain, do not wait to hire legal representation if one or more customers complain about illness or injury. Legal action may be forthcoming, and you will want to start building your defense as early as possible.
Our Albuquerque products liability attorneys represent plaintiffs and defendants in litigation involving:
- Pharmaceutical defects
- Medical device defects
- Motor vehicle defects
- Aviation defects
- Construction defects
- Household appliance defects
- Children’s toy defects
- Food defects
- Cleaning product defects
- Cosmetic product defects
- Industrial equipment defects
Construction disputes can be complex. Atkinson, Baker & Rodriguez has litigated every aspect of construction, including design or construction issues, water, fire and wind damage, and job-site injury. We have worked on disputes involving site developments, residential developments, commercial buildings, and bridges. We have represented builder-developers, general contractors, subcontrators, owners, and other professionals involved in the construction industry.
The keys to aviation litigation are understanding how the industry works, the engineering and training components of aviation, a thorough factual investigation, and an understanding of the legal principles that govern aviation litigation and transactions. The Firm’s attorneys have extensive experience in both personal injury and wrongful death litigation arising out of aviation disasters, as well as commercial litigation arising out of problem transactions. As to both areas of aviation law, in order to achieve the best possible results lawyers must perform thorough factual investigations, be knowledgeable as to the controlling legal and aviation principles, and engage in meticulous preparation. We are committed to each of those requirements.
What Is a Mass Tort?
Many defective product injuries are not isolated incidents. If a product injures one person, it is often the case that it will injure another or even many other consumers. While each consumer can bring an individual lawsuit against liable parties, it may be more efficient and advantageous to consider a mass tort.
A mass tort is a civil legal action that allows multiple aggrieved parties to sue one or more at-fault parties in state or federal court. This type of legal action can be useful in product liability cases where a single product has harmed many consumers.
Note that a mass tort is not a class action. Unlike a class action, the court treats a mass tort’s plaintiffs as individuals. This means each plaintiff in a mass tort can recover compensation for their specific damages. Our Albuquerque products liability lawyers at Atkinson, Baker & Rodriguez, P.C. understand how to effectively litigate mass torts and can provide the seasoned guidance you need to prevail.