New Mexico Product Liability Attorneys

We Fight for Consumers Who Suffer Catastrophic Injury from Dangerous or Faulty Products

New Mexicans have every right to expect that products marketed and sold to them will be safe to use. When companies use inferior manufacturing techniques, bad designs, or choose not to warn about the dangers of their products, unexpected accidents can seriously injure or kill consumers.

At McGinn Montoya Love Curry & Sievers PA, we go to battle against corporations that choose to profit from dangerous products at the expense of their customers. Whether a product was known to be dangerous, or simply did not undergo proper testing, any company involved in selling it may be liable for consumer injuries.

To fight against such a company, you need a proven law firm on your side. Our New Mexico product liability attorneys refuse to back down, no matter how big a corporation we are facing, and we have the resources to challenge even the largest companies and obtain justice for our clients. Let us help you plan your next steps after a serious injury or the loss of a loved one.

Call (505) 405-4441 to schedule a free consultation with one of our product liability attorneys. From our office in Albuquerque, we serve clients across New Mexico who are in search of justice.

Eligibility for Filing a Product Liability Claim in NM

Product liability cases take many forms and cover almost every consumer good available. If you or a loved one was injured while using a product in a reasonably foreseeable way and did not disregard directions or warnings, it is likely you are eligible to file a claim if a malfunction causes injuries or other losses.

Our product liability attorneys in NM are available to handle a wide array of cases involving:

• Food poisoning/botulism
• Poorly designed motor vehicles
• Defective tires, seat belts, airbags, and other auto parts
• Defective medical devices or prescription drugs
• Poorly manufactured tools and appliances
• Unsafe children’s toys, clothing, and furniture
• Other dangerous and defective products

Aside from the disappointment of a product that does not work as advertised, defects can cause serious losses like house fires or other property damage. The cost to consumers’ lives can also be much too high, as malfunctioning products have been known to cause tragic catastrophic injuries or wrongful death. Our attorneys are here to help you determine your next steps after such an accident has changed your life.

The Importance of Pursuing a Product Liability Lawsuit

With a product liability claim, you and your family can win compensation for damages including medical treatment, lost wages, and future medical needs. Having this financial safety net can help you move forward with the knowledge you and your loved ones will be provided for after a life-changing injury.

An injury claim also acts as a check on a designer, manufacturer, or distributor that took a chance with consumers’ well-being by selling dangerous products. Unfortunately, many companies see faulty products as a gamble: If sales are high enough, the profits may exceed the cost of settlements with those injury victims who decide to bring legal action.

Filing a lawsuit tilts the scale in favor of consumers. Not only does a claim require a company to spend its resources defending itself, which cuts into profit margins, but it can also bring public attention to a company’s misdeeds. High levels of public scrutiny are often the catalyst for mass recalls.

Our Track Record in Product Liability Cases

Providing solid evidence backed by a readiness to litigate is necessary to achieving timely and fair resolutions in product liability cases. Our attorneys have the investigative skills necessary to help clients prove how faulty parts or goods caused their accidents. We have also proven ourselves many times over in court. Here are some of the ways we have helped past clients.

Case Study: Exposing Defects in Trailers and Hitches

Garcia v. Fleetwood and Reese, United States Federal Court District Court of New Mexico

Our client, Josie Garcia, was rendered quadriplegic when her Fleetwood fifth-wheel trailer fell on her head while she and her husband were hitching it to a Reese fifth-wheel hitch. We handled a case against the distributor of the trailer in California state court as well as a case against the manufacturers of the trailer and the hitch in New Mexico federal court.

We used extensive animations and graphics to demonstrate how the devastating injury occurred. After a trial and two settlement agreements, Josie was able to retrofit her home for wheelchair accessibility and afford the in-home medical care she required to deal with the challenges of quadriplegia. Despite her devastating injuries, Josie, who was one of the strongest people we have ever known, lived for many more years.

Case Study: Botulism Outbreak Traced to Unsafe Canning Practices

Family of Chris Caffrey v. Bumble Bee Foods and Castleberry Foods

Canned foods are safe when manufacturers follow government and industry rules to heat each sealed tin beyond the boiling point, destroying dangerous botulism spores. This simple standard is so effective that, before this 2007 case, the last botulism outbreak from commercially canned food occurred in 1974. If these heating rules are not followed, surviving botulism spores can turn into bacteria inside of a sealed package, waiting to poison those who eat the contents. Botulism can be fatal, and shipping infected food is unacceptable—and yet, it happened just a few years ago.

In 2005, Augusta, Georgia’s Castleberry canning plant, which had been safely canning food for years, was purchased by a Canadian corporation. The new owner began cost-cutting measures, including firing experienced personnel and foregoing repairs on equipment designed to heat the canned food to safe temperatures. Although FDA inspections reported numerous code violations at the Georgia plant, they were not fixed. In the spring of 2007, improperly heated cans of chili and beef stew from the plant were distributed across the United States and reports of botulism poisoning began appearing in the press. Rather than asking its dangerous canned goods be removed from shelves of local grocery stores, the company hired a public relations firm to protect its image.

One of the botulism-tainted cans made its way to a small market in Bernalillo, New Mexico, where it was bought by 53-year-old Chris Caffrey. Though he had suffered a brain injury as a teenager, Chris remained self-sufficient his whole life. Retired from his job delivering newspapers, he worked in the community, helping his church and serving at his favorite charity, the animal shelter where he had met his two dogs. After eating the tainted canned food, Chris suffered progressive paralysis that ultimately immobilized his whole body, except for his two big toes. Six weeks after entering the hospital, he died.

Our office performed an extensive investigation into the mechanical breakdown at the Georgia plant that resulted in the cans not being properly heated and the contaminated food inside to reach the public. This case about the tragic loss of a well-loved community member was resolved without a trial.