Denver Product Liability Lawyer
We purchase and use goods with the expectation that they will work without harming us. However, product defects can create dangerous conditions that can seriously injure users.
When these incidents happen, a Denver defective products lawyer could help you pursue a case against the parties responsible. Call our law office today to meet with a skilled personal injury attorney.
What Is a Defective Product Lawsuit?
A defective product lawsuit is a type of personal injury claim for damages caused by a product’s unsafe condition. These claims are typically made against the manufacturer, designer, seller, or another party responsible for the product’s defect.
A party’s negligence in producing a defective good usually occurs through either a manufacturing or design defect. A manufacturing defect involves an error in how the product was made, while a design defect is a flaw in the product itself. Businesses can be strictly liable for the damages of an injured consumer when a product is unreasonably hazardous despite being used as intended.
Beyond strict liability for unjustified dangerous conditions, companies can also be liable for injuries that arise from other miscommunications involving their products. For example, the following issues could create a cause of action for negligence:
- A breach of warranty about a product’s use
- Misrepresentations about a product’s health and safety information
- Failures to warn about the dangers and risks of using a product
A defective product attorney in Denver could help identify and collect evidence of these issues through instruction manuals, advertisements, and other communications by a manufacturer or seller.
However, it is important to meet with a lawyer after an injury from a defective product as soon as possible because of Colorado’s two-year statute of limitations under Colorado Revised Statutes Title § 13-80-106.
Plaintiffs must file their claims before this deadline to pursue compensation in court. Compensation generally begins to accrue on the date of the incident that caused the injury.
Damages an Attorney Could Help Recover
Pursuing a claim for injuries from a defective product could allow for the recovery of compensation for related damages in a settlement or trial verdict in Colorado’s court.
Examples of common damages associated with a personal injury claim involving product liability may include the following:
- Medical expenses
- Lost wages
- Lost earning capacity
- Property damage
Additionally, Colorado allows plaintiffs to recover non-economic damages in personal injury cases. These typically involve compensation for pain and suffering or other losses to quality of life and relationships.
Defenses That Could Limit Compensation in a Defective Product Case
Defective product liability cases can become complex when issues of comparative fault and other defenses apply. These issues can shift the liability from a product’s manufacturer or seller to the injured party.
If a plaintiff is responsible for causing their injury, Colorado limits their recoverable compensation by their percentage of fault. If their fault is over 50 percent, it can prevent recovery of damages under CRS § 13-21-111.
Other affirmative defenses that could prevent recovery in a product liability case may include the following:
- Disregarding safety instructions
- Using the product outside of its reasonably intended purpose
- Modifying or altering the product
- Long gaps between a product’s use that caused injury and when it was sold
- The product was state-of-the-art at the time of its sale
- The product was unavoidably dangerous
A defective products lawyer in Denver could advise on these issues and how they may affect compensation in a case and offer strategies to overcome them. In cases with disputed facts, a settlement opportunity may be available to mitigate the risk of a verdict for the product’s manufacturer or seller.
Schedule a Consultation with a Denver Defective Products Attorney Today
Contact our Denver defective products lawyers today to discuss the potential merits of a claim and get help identifying any liable parties.
We take the lead in all phases of product liability litigation for our clients and are proud of our efforts to represent their interests. Call or message us now to schedule your consultation.
