Denver Product Liability Attorney
If you’ve been injured due to a defective product, our Denver product liability attorneys may be able to help. Front Range Injury Attorneys helps clients recover compensation for injuries caused by dangerous products. Contact us for a free case review.
From household cleaning solutions to high-end digital devices, thousands of everyday products have caused serious bodily injuries and loss of life. Technology and a global market have brought thousands of products to physical and online stores. As consumers we rely upon warranties, marketing claims and reviews to select products to buy. Some products exceed expectations while others fall short.
Unfortunately, some products can be dangerous or deadly. If you suffer injuries due to a defect in a product, you may be able to obtain compensation under federal and Colorado product liability laws. Our Denver product liability lawyers can evaluate your product liability case and pursue compensation.
Why Choose Front Range Injury Attorneys?
At Front Range Injury Attorneys we care about helping our clients throughout their cases. We believe clients are best served when our personal injury attorneys participate in their cases from start to finish. We help our clients get the best treatment for their injuries. By building up your case from the beginning, we build a strong case to get the best results.
How we can help you
Watch this video to see managing attorney Adam Kielich discuss product liability claims and how our law office can help you recover for your losses.
Contact our office to discuss your Colorado dangerous product case. We offer free case reviews for injury and accident cases across the state.
Tell us about your case
When should I hire a product liability attorney?
Often pursuing reimbursement for damages from a defective or dangerous product means going up against a major manufacturing company or large retailers. You might believe you deserve compensation for catastrophic injuries, but receiving that compensation requires proving your case to an insurance company, corporate lawyers, or a jury.
Hiring a Denver product liability attorney allows you to focus on your health and recovery, rather than a legal battle. Your lawyer can make sure the manufacturer or retailer does not take advantage of you. Your attorney can provide an honest evaluation of your case and advise you whether a settlement offer is not enough to make you whole.
The responsible business will undoubtedly put experienced defense attorneys to work to shut down your case. You need experienced counsel on your side.
What is a defective product?
A product is defective under federal and Colorado consumer laws when it contains a flaw that prevents it from performing correctly in an intended manner of use. A defective or dangerously designed product can cause consumer injuries, property damage, or even death. Most product liability lawsuits in Colorado involve one of the main types of flaws or defects.
- Manufacturing defect. A problem in the manufacturing process made the product unsafe for consumers. Examples include contaminants introduced into a batch of medicine or insufficient welds on support beams.
- Design defect. An issue in the design of a product means the planned product is inherently unsafe when used as intended An example would be a battery in a smartphone that overheats and creates a burn or fire hazard.
- Marketing error. A mistake in how the manufacturer (or retailer) markets or advertises a product. This includes labels, instructions, packaging and other marketing materials. Examples include failing to include a safe age range on a toy that might be a chocking hazard for young children.
If you or a family member suffered serious injuries or death due to a product defect, contact our law office. The Denver product liability lawyers at Front Range Injury Attorneys can help hold negligent parties accountable. Contact us today for a free case review of your product liability claim.
What are common defective products?
Any consumer product could contain a defect or dangerous flaw that makes it unsafe for either its intended purpose, or even any purpose. Dangerous products can result in many types of injuries and may form part of the basis for other personal injury claims, such as car accidents, worker’s compensation, or medical malpractice claims. Common products involved in defective product claims in Colorado include:
- Motor vehicles
- Auto parts
- Medical devices
- Power tools
- Construction equipment
- Children’s toys
- High chairs and other infant and toddler equipment
- Home appliances
- Industrial machinery
Product manufacturers have a legal duty to design and manufacture reasonable safe products. Part of that duty involves testing for malfunctions and warn consumers of known or potential hazards. If a company fails to fulfill its duties and causes harm, it may be liable for economic and noneconomic damages. As an injured consumer, you have the right to pursue compensation for your damages through a lawsuit.
Defective cars and other consumer products
Consumer products are common sources of product liability lawsuits in Denver and other parts of Colorado. Sometimes manufacturers discover defects after selling the product. In these situations the manufacturer may issue a recall to replace or fix a defect. Unfortunately, many defects do not receive recalls until it is too late. Most product recalls are logged with the Consumer Product Safety Commission except vehicle recalls tracked by the National Highway Traffic Safety Administration.
Cars are particularly dangerous when defective. Some examples of product liability claims involving automobiles include:
- Diesel fire hazards: faulty engines and storage tanks can result in leaks that result in fire risks
- Roof crush accidents: passenger cars with flawed roof support can crush inward in a rollover accident.
- SUV rollovers: many SUVs have a high center of gravity which makes them more at risk of rolling over in an accident. Rollovers can result in serious injuries or death.
- Defective airbags: defective safety equipment can turn a minor accident into a severe accident. A defective airbag may fail to protect a passenger or even cause additional injuries.
This is only the tip of the iceberg. Other auto parts can result in serious injuries including:
- Steering components
- Seats and seat belts
- Batteries and electrical systems
All manufacturers of cars and auto parts have a duty to ensure the safety of their products.
Colorado product liability laws
Federal and Colorado product liability laws mandate manufacturers and their downstream sellers abide by certain standards to design, produce and sell products that are safe for their consumers. A defective product falls below the standard of safety required by these laws and poses a health or safety risk. When this happens, an injured victim may be able to pursue a lawsuit on one or more legal reasons.
Strict product liability
Product liability laws generally place the burden on manufacturers to design and produce safe products. Manufacturers control the expertise, materials and production facilities that create their products. They exclusively control the ability to test the safety of the product. Because manufacturers have exclusive control over the safety of the product, these laws set a high standard for manufacturers to meet.
Under strict product liability, a manufacturer is liable for injuries caused by the product without proving the manufacturer was negligent or intended to produce an unsafe product to cut costs.
Breach of warranty
Part of the decision-making by consumers to purchase a product is considering the explicit and implicit warranties of the quality, safety, and use of the product. Manufacturers and their sellers have a duty to produce products consistent with the warranties and not to give clients false assurances of the product quality to make a sale.
Warranties may become part of the sales process through advertising and marketing, statements made during the sales process, or warranties sold at the point of sale in addition to the product itself.
Negligence forms the basis for many personal injury lawsuits. Negligence means the manufacturer had a duty of care owed to consumers that it breached, resulting in your injuries.
In a negligence claim, you and your attorney must prove a standard for design, production, or testing exists that the manufacture either ignored or intentionally failed to meet. You and your attorney must also prove the failure to meet that standard resulted in the defect which resulted in your injuries.
These are the primary legal grounds for a liability lawsuit for a defective or dangerous product. The lawyers at Front Range Injury Attorneys can analyze your claim to determine the legal grounds for our claim. The analysis will consider the circumstances of your injuries and the acts or omissions of the responsible businesses. We will also consider the common defenses employed by these businesses, such as improper use or assumption of risk. Our product liability lawyers have the experience your case needs to analyze and develop a strong case.
Injuries in dangerous and defective product lawsuits
Dangerous products can result in a wide range of personal injuries. These injuries can range from physical, visible injuries, to brain damage, internal organ injuries, illness and infection, or even death. Our product liability attorneys help clients with cases ranging from relatively minor injuries to catastrophic injuries. Common injuries include:
- Back and spinal cord injuries
- Broken or crushed bones
- Brain injuries
- Chemical and fire burns
- Eye injuries
Generally, the value of your case depends upon the type and severity of your injuries. More severe or permanent injuries are more likely to receive greater jury verdicts than temporary or moderate injuries. Sometimes it is not immediately obvious the type or severity of injury. Our law firm advocates for clients with cases involving both catastrophic and minor injuries. Contact our lawyers for a free case review and learn how we can help with your product liability claim.
What damages are available in Colorado?
The only our legal system can make you whole for injuries caused by a dangerous product is through financial compensation. Unfortunately, you may suffer serious injuries that result in significant changes to your life and a large financial burden. A lawsuit may be the only way for you to seek compensation for your injuries and financial losses.
An important component of a defective or dangerous product lawsuit is determining the types of damages you suffered and how to prove the extent of each type of damage. Our product liability lawyers in Denver understand the importance of evaluating the damages in your case and what it may take to prove your damages to a Colorado jury.
Some common types of damages in product liability lawsuits include:
- Medical bills for treatment
- Future medical expenses for ongoing medical care or permanent health conditions
- Lost earnings
- Lost future earning capacity
- Past and future pain and suffering
- Emotional distress and mental anguish
- Property damage
- Loss of enjoyment of life
- Punitive damages
Our attorneys will begin working from the start of your case to evaluate and prove your damages. Evidence of your damages may include available documentation, such as medical bills and paystubs. Your case may also require expert witnesses to testify about your future medical needs or lost earning potential. Our lawyers will work throughout your case to develop a strong position for settlement negotiations or a trial.
Will I have to go to court for my product liability case?
Many clients worry about whether they will have to go to court to receive compensation for their injuries. This is understandable. Most personal injury claims resolve with a settlement without filing a lawsuit; however, your product liability claim may require a jury to attempt to reach a favorable outcome.
If a fair settlement cannot be reached, it may be necessary to file a lawsuit. Filing a lawsuit does not guarantee your case will go to trial. There are many steps in the litigation process and many opportunities to settle before trial.
It may be necessary to file a lawsuit in your case if the insurance company does not fairly value your claim during settlement negotiations. We do not undervalue clients’ cases to avoid litigation. Your case may require filing a lawsuit if a dram shop or social host liability claim is involved. These defendants often do not negotiate claims pre-litigation. There may not be enough time before the statute of limitations to reach a settlement. A lawsuit allows us to continue working on your case.
Product liability claims often require expert witnesses to explain the defect and how the defect caused injuries. Often both sides have experts with disagreeable opinions about the product. In these cases, it often requires a jury to decide who is right. Our Denver product liability lawyers have successfully settled claims for fair value but we treat each client and case independently and will advise what is best for you and your case.
Is there a statute of limitations for a product liability claim under Colorado law?
Every civil claim in Colorado includes a statute of limitations which is the time period after an event to file a lawsuit for your damages. After the statute of limitations expires, you legally cannot pursue your claim in court and the defendant has no duty to pay you compensation. This is a critical deadline in any personal injury case.
Generally you have two years from the date of injury to file a lawsuit in Colorado courts. The deadline extends to three years if your product liability claim involved an auto accident. If you do not discover your injury until later, such as a doctor diagnosing an illness from a defective medical device, the statute of limitations begins to run at the date of discovery. Our knowledgeable Denver product liability attorneys can assess your case to determine the correct time period.
Although you may have two years (or more) to file a lawsuit, you should not wait to hire an attorney. Your attorney will need time to investigate your case and potentially hire expert witnesses. Your experts will need time to evaluate evidence and render an opinion. Additionally, evidence may be more difficult to obtain as time goes on. The more time you give your attorney before the statute of limitations, the more likely your attorney can do the best work on your case.
Contact our Denver product liability attorneys
Product liability cases involve complex legal claims and often complicated scientific issues. Most manufacturers and their insurance companies will ignore or treat as a nuisance any claimant who tries to pursue a dangerous product claim on their own. They know their experience and expertise gives them an enormous advantage. You need an experienced and knowledgeable advocate of your own to give you a fair fight. The Denver product liability attorneys at Front Range Injury Attorneys will speak to you for free about your case. If you hire our law firm to represent your claims, you can count on our passionate advocacy to fight for the best outcome on your case. Contact our law office today for a free case review.