Product Defect Wrongful Death Claim in Las Cruces, New Mexico
When you buy a product from the store, you expect it to work correctly and safely. However, this is not always the case, and a New Mexico defective product can lead to severe injury or death. Whether it’s home appliances, automotive parts, medical and surgical devices, sports products, or something else, you expect what you buy to function properly. If a loved one has been killed by a defective product, you should speak with Las Cruces personal injury lawyers. Our team at Carabin Shaw cares about helping you move forward after such a tragic event. That’s why we never represent insurance companies in Las Cruces, we only work for real people with real problems. The trust we’ve won from our previous clients is why you were brought here when you searched “best wrongful death lawyers near me”. If you need to make a product defect wrongful death claim in Las Cruces, New Mexico, here are a few things you need to know.Dangerous Product Types
In a wrongful death lawsuit New Mexico, there are generally three routes to showing a product is unreasonably dangerous.
- Defective Design - If a product is designed in such a way that it is inherently dangerous, it can be proven to have a defective design. One example would be a table saw that has no protective guard to safeguard you against injuries. If you believe this applies to the death of your loved one, contact an attorney to see how they can help.
- Manufacturing Error - A manufacturing error occurs when substandard parts are used or a product becomes hazardous becomes it is improperly assembled. Parts that break easily or a product with missing parts are both common problems that lead to product defects.
- Warning Failure - Many wrongful deaths take place when the manufacturers of a product do not properly warn customers of a product’s potential danger. A common example of this is flammability. If a flammable product causes injury and the manufacturer failed to warn the customer about it, this may be the basis for a wrongful death claim in Las Cruces. A lawyer can assist you in building your case.
In a Las Cruces court, proving product liability means proving one of the following:
- Negligence - Negligence is shown by demonstrating a company’s ineptitude in supply directions on safe use of a product, or the hazardous design or manufacturing of a product.
- Breach of Warranty - A warranty implies freedom from defect and fitness of use when an item leaves the manufacturer. If a product does not live up to its warranty, then you may be able to prove breach of warranty. An attorney can tell you more about proving this in court.
- Strict Liability - When an item is inherently dangerous even when used as it should be (like the defective design example), then a manufacturer can be held liable to compensate you for a wrongful death.
Suing for wrongful death damages New Mexico can be difficult, but you could win compensation such as economic damages (loss of income, funerary costs), non-economic damages (pain and suffering, loss of consortium), and punitive damages (a punishment payment for the manufacturer if the court believes they were “especially reckless”). A wrongful death lawyer serving Las Cruces, New Mexico can help you further understand what you’re up against.The Bottom Line: Finding the Right Las Cruces Attorney
The death of a loved one is hard enough, and the financial burden that comes along with it only adds to the pain. Sadly, manufacturers will do whatever they can to limit how much they pay you, which is where an experienced Las Cruces wrongful death attorney comes in.
Our team at Carabin Shaw believes you deserve the utmost compensation for your loss. The bottom line is manufacturers should be held accountable for their negligence that caused your tragedy. Get the right Las Cruces lawyer on your side, so you can get your rightful compensation. Call our local offices at 915-779-2301.