Product liability cases are often quite complex because there are usually several parties involved, each of which is likely trying to impute liability to another party. After an individual has been injured by a dangerous product, they may try to bring a lawsuit against the manufacturer of a product. And in certain cases, the law is clear when attributing liability. However, there are many issues that arise in these product liability cases.
One issue that can arise in a product liability case is the notion of “legacy equipment” liability. This theory addresses what a manufacturer’s liability is for older versions of its products, when there have been more recent developments in safety. This is commonly seen when individuals have been injured because of a defective car part that has since been replaced by the manufacturer.
Some states have addressed this issue clearly. However, New Mexico has not specifically implemented a statute to resolve this issue. Two prominent cases, Brooks v. Beech Aircraft and Couch v. Astec, did not directly answer the question. However, the issue was discussed in each of these two opinions. Both of those cases revolved around injuries that could have been prevented with the use of a safety mechanism that was later implemented in subsequent models.
GM Ignition Switch Trial Begins in January
A national news source recently reported that GM was set to go to trial in early January in a 2014 lawsuit that was brought against the company. The plaintiff in this case claimed that he was injured when his Saturn ran off the highway and his airbag did not deploy. He alleged that his injuries were exacerbated because of the vehicle’s faulty ignition switch.
GM countered that there was no proof that the switch had anything to do with the plaintiff’s injuries. GM has had to face this issue several times in the recent past and has already paid into the billions in criminal and civil sanctions over the faulty switch.
The case will focus on GM’s actions after its bankruptcy in 2009. Following the issues with the faulty switch, GM started the process of recalling the millions of cars that were equipped with the faulty switch. However, some evidence came to light that certain individuals at GM were apprised of the problem far before the recall and failed to take any action to correct the problem or issue a safety recall.
Have You Been Injured Because of a Faulty Product in New Mexico?
If you or a loved one has been injured in a car accident due to a defective product, you should contact an attorney at the Fine Law Firm. An attorney at the Fine Law Firm can assist you in all stages of your case. In almost all cases, the named defendant will have a dedicated defense attorney defending their interests, and you should have an experienced and dedicated attorney on your side as well. If you are successful, you may be entitled to monetary compensation for the injuries and pain and suffering you endured. Contact an attorney at (800) 640-6590 to schedule a free initial consultation.
More Blog Posts:
The Importance of Jury Instructions in New Mexico Civil Cases, New Mexico Personal Injury Lawyer Blog, January 7, 2016.
New Mexico Officials Urge Drivers to Recognize Risk of Holiday Drunken Driving, New Mexico Personal Injury Lawyer Blog, December 8, 2015.