Understanding Product Liability
Product liability can be described as the legal liability a seller or manufacturer incurs for selling or producing a defective product. Under Colorado's product liability laws, a person or company who manufactures, designs, or sells a faulty product may be held strictly liable for injuries and damages caused by the unsafe product. Such strict liability may apply to design defects, manufacturing defects, and inadequate warning defects.
Types of Product Defects
In a Colorado product liability claim, a plaintiff may affirm any of these product defect types:
Design Defect: A design defect occurs when there is a fault in the product's design that makes it unsafe for the user. Even when the product is correct, an inherent design defect could expose the consumer to imminent danger.
Manufacturing Defects: A manufacturing defect occurs when there is a fault in the manufacturing or production process which could cause harm to the consumer. Due to the defect in the product's manufacturing phase, the item may be unsafe for the consumer.
Marketing Defects (Failure to Warn): A marketing defect occurs when a product does not have the correct instructions, proper labeling, or necessary warnings to ensure consumer safety, even if it was manufactured and designed properly. As such, the product liability lawsuit may be based on:
- Inadequate safety warnings
- Insufficient instructions
- Improper labeling
Understanding how each product defect affects your claim is important when seeking compensation for your injuries. A skilled personal injury attorney can evaluate your unique situation, help determine liability, and guide you through the product liability claim process.
In order to succeed in your product liability claim, you must show that:
- The defendant designed, manufactured, or sold a faulty product.
- The product’s defects were present when it left the defendant's possession.
- You used the product in a reasonably foreseeable manner.
- You suffered bodily injury, actual harm, or loss as a result of the product's defect.
An experienced attorney can help determine liability and explore your available options to file a product liability claim.
Filing a Claim
In order to seek damages, the product liability victim can:
- File a claim with their insurance provider.
- File a third-party claim against the insurance carrier of the at-fault party (seller or manufacturer).
- File a personal injury lawsuit in civil court against the at-fault party.
A knowledgeable attorney can review every aspect of your situation, educate you about the time limit for filing, and determine how to proceed with your product liability claims.
Statute of Limitations
The product liability statute of limitations in Colorado is two years from the date of the injury, accident, or discovery of the injury. However, there are certain exceptions to this filing deadline based on the surrounding circumstances. Speak with your legal counsel immediately to understand your possible damages and ensure that you meet your time limit for filing.
Some of the available damages that may be recovered through a Colorado product liability claim include:
- Medical bills, including the cost of future medical treatment
- Property damages
- Lost income and benefits
- Lost earning capacity
- Emotional distress
- Pain, discomfort, and suffering
- Loss of enjoyment of life
- Loss of consortium
An experienced product liability attorney can evaluate every detail of your case and fight vigorously to pursue the maximum possible compensation for your injuries.
Work With an Experienced Personal Injury Attorney
A manufacturer may be held liable for a defective or unsafe product that injures a consumer through a product liability claim or lawsuit. However, filing a product liability claim in Colorado involves a lot of complicated procedures. As the claimant, you must prove that the product was defective and you suffered actual harm or losses from using such a faulty item reasonably. An experienced personal injury attorney can help prove negligence and seek fair financial compensation for your injuries.
At Downs, McDonough, Cowan & Foley, LLC, our attorneys have the diligence, resources, and skills to help you hold those responsible for your injuries accountable. Our team will investigate all of the surrounding facts of your case and determine the best way to file your product liability claim. Using our in-depth knowledge of Colorado product liability laws, our team will fight compassionately to advocate for your legal rights and help you pursue the financial justice you deserve.