Product liability in New Mexico
When a product hurts someone because of a bad design, a manufacturing flaw, or a missing warning, the people who made and sold it can be held responsible. Keeler & Keeler represents individuals and families injured by unsafe products across New Mexico and tribal jurisdictions, from vehicles and tires to tools, medical devices, drugs, and household goods.
Three kinds of defect
- Design defect. The product was unreasonably dangerous as designed, even when built exactly as intended. A power tool sold without a guard, an SUV that rolls over in ordinary turns, a space heater with no tip-over switch.
- Manufacturing defect. The product left the factory different from its design. A contaminated batch of medication, a cracked helmet shell, a tire with a separated belt.
- Failure to warn. The product lacked adequate instructions or warnings about a risk the maker knew or should have known about. A chemical cleaner without hazard labeling, a drug whose side effects were understated.
Strict liability, negligence, and warranty
New Mexico adopted strict products liability in Stang v. Hertz Corporation and reaffirmed it in Brooks v. Beech Aircraft. Under strict liability, an injured person does not have to prove the manufacturer was careless, only that the product was defective and unreasonably dangerous, that the defect existed when it left the seller's hands, and that it caused the injury. The same facts often support a negligence claim and a breach of implied warranty claim under New Mexico's Uniform Commercial Code. Everyone in the chain, from manufacturer to distributor to retailer, can be responsible. New Mexico's comparative fault rules apply, so misuse the maker should have anticipated is a defense the jury weighs, not an automatic bar.
Products that hurt people in the Four Corners
Defective tires and vehicle components on Interstate 40 and US 491, farm and ranch equipment, ATVs and side-by-sides, propane and wood-stove heaters, power tools, children's products, and prescription drugs and medical devices, including implants. Many product cases begin as a car or truck accident in which a tire, brake, seatbelt, or airbag failed.
Keep the product
The product itself is the evidence. Do not return it, repair it, or throw it away, and keep the packaging, manuals, and receipts. Photograph the scene and the injury. Then call us: we send preservation letters, arrange expert inspection, check for recalls and prior lawsuits, and identify every company in the distribution chain.
Deadlines and how we work
A product liability claim in New Mexico must generally be filed within three years of the injury under Section 37-1-8, and a wrongful death claim within three years of the death. These cases are built against national manufacturers with experienced defense teams, which is why we investigate early and thoroughly. The consultation is free and there is no fee unless we win.
The law behind these cases
- Stang v. Hertz Corp., 1972-NMSC-031New Mexico adopted strict products liability: a seller of a defective, unreasonably dangerous product is liable without proof of negligence.
- Brooks v. Beech Aircraft Corp., 1995-NMSC-043The Supreme Court reaffirmed strict products liability and explained the risk-benefit test for design defects.
- NMSA 1978, Section 55-2-314The implied warranty of merchantability: goods sold must be fit for their ordinary purpose.
- NMSA 1978, Section 37-1-8Three years from the injury to file a product liability claim.
Each citation links to the statute, regulation, or reported opinion. How they apply depends on the facts of your case.
Where we handle product liability cases
Keeler & Keeler is based in Gallup, New Mexico, and represents injured people across McKinley County, San Juan County, Cibola County, the Interstate 40 corridor, and the Navajo Nation. If you are looking for a product liability lawyer in Gallup, product liability lawyer in Grants, product liability lawyer in Farmington, product liability lawyer in Albuquerque, product liability lawyer for the Navajo Nation, the consultation is free and can start with a phone call to (505) 722-5608.