When someone is injured while using a product for its intend purpose, they may be entitled to compensation for their injuries through a New Mexico product liability lawsuit. As is the case with other claims, there are several different types of product liability claims, and a plaintiff should know which claim they are bringing in order to best present the necessary elements.
In short, there are three types of New Mexico product liability claims: design defect claims, manufacturing defect claims, and failure-to-warn claims. These claims are, for the most part, self-explanatory. A design defect claim alleges that a product was designed in a way that rendered regular use of the product dangerous. A manufacturing defect claim alleges that a product is unreasonably dangerous based on a manufacturing error that may not be present in all of the company’s products. Finally, a failure-to-warn claim alleges that a company provided an insufficient warning for a product that was in some way dangerous.
A recent federal appellate opinion discusses the plaintiff’s failure-to-warn claim against a manufacturer of heavy construction equipment.