Just Because a Product Is New Does Not Make It Safe
Once upon a time, they made reliable products that lasted. That’s not always the case today.
Albuquerque, NM (Law Firm Newswire) August 4, 2010 - “You’d think that when the 21st century arrived, it would usher in a new era of reliable and in demand products that people use daily. That those products would be well made thanks to the advent of the latest in technology and that when you bought the product or service in question, you would have no trouble with it,” said Scott Atkinson, admitted to practice in New Mexico in 1989 and who is a New Mexico personal injury lawyer and New Mexico wrongful death lawyer with the Atkinson Law Firm, Ltd.
“Contrary to wishful thinking, many of the products in today’s fast paced, high consumer demand marketplace are not that well made. Frankly, many of the products are defective and dangerous,” added Atkinson. It’s perhaps a bit of an understatement to point out that many of the defective products on the market today are not just dangerous, but instead are deadly. Consider the much maligned Toyota, the baby toys that choke, strangle or amputate little fingers, the defective tires, and the list goes on.
It’s not much of a stretch of the imagination to wonder if it’s even safe to be buying any new products on the market without getting them fully tested for design defects, flaws, improper directions or inadequate directions, or manufacturing errors.
It’s one thing when the product is a cheap plastic toy that cracks when a child stomps on it, but quite another when the defective flaw is a gas pedal that won’t respond to braking. “Here we have the difference between life slightly inconvenienced and a potential death. When did the quality of products take such a precipitous nosedive that we can’t feel totally comfortable relying on them any longer? Whatever the answer is to that question, it has certainly changed the way consumers respond to defective goods. When in doubt, they sue by filing a defective product claim,” Atkinson, a New Mexico personal injury lawyer indicated.
There are several things an injured consumer needs to know about defective product cases. The first is that they are different because the plaintiff has to prove the “defect” was the direct (proximate) cause of their injury. That being said, there are various types of product defects: a design defect, manufacturing defect and marketing defect.
In cases that involve a design defect, this usually refers to flaws inherent in the product design itself. As for a manufacturing defect, this is something that happened during the manufacturing process and may only affect a batch here and there and not necessarily all the products. Marketing defects are those where the maker of the product failed to provide the proper warnings about usage, the dangers associated with the product, or inadequate instructions.
“Take your pick,” commented Atkinson, “because some cases I have handled fell into all three categories. Slightly confusing to say the least, however in this day and age with products coming from foreign countries, it’s not much of a surprise anymore. If you think you have a defective product on your hands and you were badly hurt, give me a call. I’d be happy to discuss the case with you,” suggested Atkinson a New Mexico personal injury lawyer.
Atkinson Law Firm, LTD
9400 Holly Ave. NE, Bldg. 4
Albuquerque, New Mexico 87122
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