Every year, thousands of people suffer injuries because of unsafe and defective products. According to the U.S Consumer Product Safety Commission, an estimated 38,573,000 people sought medical attention for an injury related to a consumer product in 2010 alone.
In Colorado, it is reasonable to expect that purchased products are safe for consumers and their families. However, if a defective product injures someone, the manufacturer could potentially be held liable for harm caused.
If you suffered an injury because of a dangerous or defective product, retaining a dedicated Arvada defective products lawyer could help protect you and your loved ones. Large manufacturing companies often aggressively defend their product or try to push for a quick settlement to avoid paying for an injury caused by their product, but a dedicated personal injury attorney could work to ensure you are not bullied by large corporations and can seek the compensation you may deserve.
Proving Product Liability
Colorado state law defines product liability actions as civil suits brought against a manufacturer for injuries or property damage resulting from product usage. However, to recover in a product liability action, there are particular elements established in the Colorado Standard Jury Instructions that an individual—or their Arvada defective products attorney—must demonstrate:
- The defendant was engaged in the business of selling the product
- The defendant sold the product
- The product was defective, and because of the defect, the product was unreasonably dangerous to a person who might reasonably be expected to use the product
- The product was defective at the time it was sold by the defendant
- The product reached the user or consumer without substantial change from the condition in which it was sold
- The plaintiff suffered injuries or sustained damages or losses
- The defect in the product was a direct cause of the plaintiff’s injuries
It is critical to for an attorney to prove each and every element of a products liability lawsuit in order to recover compensation. However, it is important to recognize that large manufacturing companies usually work hard to disprove these elements, and they often only need to disprove a single element for a lawsuit to fail.
Manufacturers Failing to Warn
Manufacturers can also be held liable for failing to warn the public about the risks and hazards of their product. As stated in Colorado Revised Statutes §13-21-401(2), a manufacturer can be held liable for “the failure to warn or protect against a danger or hazard in the use, misuse, or unintended use of any product, or the failure to provide proper instructions for the use of any product.”
In a failure to warn case, it is critical to examine whether there were warning labels, whether those labels were adequate, and if the manufacturer attempted to make these hazards known to a user. A defective products lawyer in Arvada could help with these and many other components of a potential civil case.
Speak with an Arvada Defective Product Attorney
If you suffered an injury because of a defective product, do not wait to contact an Arvada defective product lawyer. Because of Colorado’s statute of limitations, you generally only have two years to file a personal injury lawsuit.
A defective product attorney could be prepared to vigorously and aggressively pursue compensation on your behalf when you are injured by a defective and dangerous product. Call today to schedule an initial consultation.