Johnstown Defective Products Lawyer
When you purchase an item, you trust that the item is safe for use and works as advertised. Unfortunately, some product manufacturers have taken advantage of the consumer’s trust and, as a result, innocent people have suffered injuries due to the negligence of careless manufacturers.
If you have been injured by a defective product and wish to take legal action, be sure to speak with an experienced attorney. A Johnstown defective products lawyer could speak with you more about your case and inform you of your legal options.
What is Product Liability in Johnstown?
In Colorado, product liability actions are based on negligence or strict liability, and may include claims of design defect, manufacturing defect, or a failure to provide adequate warnings. Under any scenario, the burden is on the claimant to prove that the product was unreasonably dangerous.
Arguing a manufacturing defect entails demonstrating that a problem occurred at some point along the production process, resulting in a dangerous product coming off the line with an unintended design flaw. A design defect means that the dangerous flaw was embedded in the design itself. In either claim, the court will typically weigh the design’s benefits against its risks by examining a number of factors.
Still, even if a product was designed and manufactured absent a flaw, a claimant may still argue that the defendant failed in their duty warn consumers of potentially danger associated with their product.
Pure Comparative Negligence and Economic Loss Rules
The amount of damages you recover in a product liability lawsuit may be reduced under Colorado’s pure comparative negligence rule which factors in a claimant’s negligence. For example, if the court deems that a claimant was 30 percent at fault, their damages will be reduced accordingly in proportion (30 percent in this case).
While exceptions apply, Colorado’s economic loss rule prohibits a claimant from seeking product liability compensatory damages if a contract is in place between both parties and damage occurred only to the product.
Time Limit to File a Claim for Damages
Experiencing damage or injury from a defective product can be a harrowing experience. People rapidly find themselves at the mercy complex legal rules, filing deadlines, and often anonymous or widespread sellers or manufacturers.
The most important thing for a claimant to understand is that there are legal limits on the amount of time one has to file a claim for damages, as well as legal limits on the amount of those damages. Colorado product liability statute §13-80-106 provides for a two-year deadline from the date of an incident for someone to file a legal claim. The state’s statute of repose prohibits manufactured product liability claims if more than seven years have passed since the claimant possessed the product.
Reach Out to a Johnstown Defective Products Attorney Today
If you have been harmed by a defective product and wish to file a claim for compensation, it may be worthwhile to retain legal assistance to help you with your case.
A Johnstown defective products lawyer could keep you informed of court decisions and legislative actions, and help you navigate the complex area of product liability law. To get started on your legal case, be sure to schedule a consultation today.