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Will Ferguson & Associates

Our New Mexico Product Liability Lawyers Welcome the Toughest Cases

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Federal and state product liability laws provide consumers with legal recourse for injuries caused by defective products. No one knows those laws better than Will Ferguson & AssociatesWhen representing a client in a case involving an unsafe toy, tool or other defective product, our lawyers fight for the maximum settlement or verdict possible, not only to help our client rebuild a damaged life, but also to encourage the company to prevent future tragedies. You can receive aggressive, tireless representation from one of our product liability attorneys at our Albuequrque, NM, firm.

What is product liability?

No one uses a product expecting it to break or fail. When a product's defect becomes apparent, it can take the user by surprise. If the defect causes a serious injury, the manufacturer, wholesaler, or seller may be liable for damages. Think of a hairdryer that emits a dangerous shock or a toy that contains small, sharp pieces that can hurt a small child. We believe that consumers should be able to use products as intended, without worrying about being hurt.

How is a product determined to be dangerous?

Defects can occur at three points:

When the Product Is Designed

  •  A design defect occurs in the infancy of a product's life. It is a fundamental flaw that makes the product unsafe. If you used the product in the intended manner (or in a foreseeable manner), and then were injured by the product, you may have a claim.
  • You, the plaintiff, must show the harmful product was defectively designed. You may also need to show that a safer alternative design was available and feasible.
  • Examples of flawed design include a bicycle with brakes that fail, a teakettle's handle that breaks when heated, or a ladder that can't support the weight of a person.

When the Product Is Manufactured

  • Other defects can occur despite careful design. A product can suffer cracks, weak spots or other flaws during the manufacturing process.
  • Autos and tires are examples of products that are prone to manufacturing defects.

When Instructions and Warnings That Should Accompany the Product Are Inadequate

  • Manufacturers and sellers must take adequate steps to avoid unreasonable risk to consumers. They must warn consumers of dangers that aren't obvious and provide instructions on proper use. If a warning is absent, hard to see or unclear, then the consumer may have a viable case.
  • Examples of liability cases with inadequate warnings include smoke detectors, power tools, and electrical equipment.

Our Law Firm's Specialized Experience

Will Ferguson & Associates understands the ins and outs of product liability litigation. We have years of experience going up against some of the largest corporations in America over unsafe and defective products. 

Examples of goods that can form the basis of a product liability case:

  • Automobiles and tires:  Drivers of cars, trucks and motorcycles are at the mercy of manufacturers, wholesalers and sellers. If the parts that go into a vehicle are unsafe, the brakes could fail, the airbag could deploy improperly, or an SUV's tire could blow out. Auto accidents and truck accidents can occur, resulting in serious injury.
  • Toys and children's furniture:  Every year, dangerous children's products are marketed to unsuspecting parents. Under federal and state law, manufacturers and distributors of unsafe toys, baby furniture and other children's equipment are responsible for the injuries they cause.

Attorneys at Will Ferguson & Associates represent children and parents in cases where poorly designed, defective or otherwise dangerous infant and children's products cause personal injury. We've found:

  • Toys and children's furniture: The distributor of a popular action figure will cut costs by importing lead-painted toys from China. The manufacturer of a stroller or baby gate will ignore information that could save a baby's life or prevent the amputation of a child's finger. Designers and manufacturers of toys and furniture intended for children are required to keep a sharp eye on safety. For more information, visit the Consumer Products Safety Commission for guidelines on children's items and information on recalls. In the past, cribs, dolls, clothing and numerous other items have been recalled.
  • Pharmaceutical and medical devices: Sometimes, medication causes harm because the manufacturer concealed adverse testing results. Sometimes, as we've seen in the news, the manufacturing process can allow contaminants into the product. The harm that results can be devastating and lifelong. The Food and Drug Administration regulates pharmaceutical and medical devices. If the manufacturer did not comply with FDA regulations, that often makes it easier to recover compensation.

Will Ferguson & Associates understands the ins and outs of product liability litigation. We have years of experience going up against some of the largest corporations in America over unsafe and defective products. 

  • Power tools: Powered hand tools can cause grave injuries. When the user has not been sufficiently warned of the dangers or the tool has a design or manufacturing flaw exists, the tool may be unreasonably dangerous and leave the manufacturer open to liability. If a tool does not have a necessary thumb guard, for instance, or the instructions fail to warn the user to wear protective gloves or eye protection, the manufacturer may be liable.
  • Workplace accidents and construction accidents: Building sites, construction plants, meatpacking plants and oilfields, and gas fields and refineries are hazardous environments. Under New Mexico law, any injured employee is entitled to workers' compensation. However, those benefits often do not cover all of the employee's losses. Construction workers in recovering additional compensation through third-party claims, such as a product liability claim. Examples include:
    • Unsafe scaffolding or ladders that cause a fall
    • An injury resulting from a poorly designed or defective power tool or other equipment
    • Foundation collapse, roof collapse, a fallen wall
    • Defective equipment or poorly designed heavy machinery

Contact a Lawyer Today with No Obligation

After an injury, it is extremely important to file related claims in a timely manner. If you would like to speak with a member of our firm, contact us and arrange a free consultation. 

Serving clients throughout New Mexico, including the cities of Albuquerque,
Los Alamos, Santa Fe, Taos, Las Cruces, Alamogordo, Roswell, Carlsbad,
Gallup, Farmington, Raton, Shiprock, Aztec, Espanola, Deming, Las Vegas (NM), and Socorro

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Albuquerque Office

1720 Louisiana Blvd NE
Ste 100
Albuquerque, NM

Open Today 8:30am - 5:32pm

Hours & Info Directions (505) 243-5566

Albuquerque Office

10090 Coors Blvd NW
Ste A
Albuquerque, NM 87114

Open Today 8:30am - 5:30pm

Hours & Info Directions (505) 425-9152