Aurora Defective Products Lawyer
Have you ever had a ski binding fail, a tire blow, a hairdryer emit smoke, or some other product you were using did not perform as anticipated and caused an accident? These situations are commonplace. If the product was defective in some way, the manufacturer and potentially everyone in the supply chain could be held liable via a personal injury claim.
If you experienced physical injury or property damage as a result of using a product that may have been defective, you owe it to yourself to consult with a credible attorney. Cases seeking damages for defective products are labor-intensive and complicated, and you could benefit by getting an Aurora defective products lawyer on your side as soon as possible.
Strict Liability Applies to Defective Products
There is a presumption in law that a product offered for sale will be safe to use in the way that a reasonable consumer might attempt to use it. Anyone in the supply chain who fails to ensure the product’s reasonable safety might be liable under strict liability principles.
Strict liability means the person who suffered injury or property damage (the plaintiff) does not have to show that the person they are claiming against (the defendant) knew that there was anything wrong with the product. However, the plaintiff must demonstrate that the product was defective when the plaintiff received it. Three types of defects are subject to strict liability:
- Design defects: the way the product was designed resulted in an unreasonably dangerous product
- Manufacturing defects: something went wrong when the product was manufactured, assembled or packaged, and the error caused the item the plaintiff purchased to be unreasonably dangerous
- Marketing defects: either the product was sold for a purpose for which it was not intended or safe, or the warnings and directions were inadequate to properly inform the consumer of the product’s hazards and proper, safe use
In a claim seeking damages on a products liability theory, the plaintiff might allege one or more of the above defects. A knowledgeable attorney could determine which allegations are most likely to be successful based on the evidence available, and pursue damages from one or more local defendants who bore some responsibility for the defective product.
Aurora Plaintiffs May Claim Significant Damages
Money damages compensate plaintiffs for harm they suffered as a result of a defective product. In a typical case, a plaintiff seeks only compensatory damages. However, in egregious cases where the plaintiff can show that the defendant acted with willful disregard for the consumer, a plaintiff could seek punitive or exemplary damages.
Economic damages are compensatory damages that cover out-of-pocket expenses. Economic damages may include costs of property damage suffered in the accident; medical bills associated with any injuries; lost wages, paid time off, and lost earnings opportunities; and similar expenses.
Non-economic damages compensate harm that does not have a price tag. Examples include payments for pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. An empathetic product liability attorney could convey how deeply a person has suffered because of their injury, which might persuade the jury to make a generous award for non-economic damages.
Colorado law C.R.S. §13-21-102 allows a plaintiff who receives damages for an injury to seek exemplary damages if the harm resulted from the defendant’s fraud or intentional conduct. The amount of exemplary damages usually will mirror the amount of compensatory damages the plaintiff receives. However, if the court determines that a defendant continues to engage in the willful or malicious conduct the plaintiff alleged, the judge has discretion to allow an exemplary damage award of up to three times the plaintiff’s compensatory damages.
Consult with an Aurora Defective Products Attorney today
If you have experienced losses due to a defective product, you should not try to negotiate a settlement on your own. Facing lawyers for big corporations is intimidating, and they will certainly take advantage of anyone who does not have legal experience and expertise.
Instead, get an experienced local injury attorney to work on your behalf. Contact the office to schedule a consultation with an Aurora defective product lawyer.